Pendasulo v. State

Paul Pendasulo was a spinner at Skenandoa Rayon Mills in Utica, New York and finished work at 4:00 p.m. on the 23rd day of September, 1958. Preparations had been made, with five co-workers, for a fishing trip to Lake Ontario the following day.

At about 2:30 a.m. on the 24th day of September, 1958, claimant arose and at or about 3:00 a.m. met with his fellow workers. Two men rode in each of three vehicles, claimant and Antoni Humiecki drove in Humiecki’s automobile.

Paul Pendasulo drove the Humiecki vehicle to Pulaski, New York, where several of the fellows stopped for coffee. Humiecki…