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Matter of Eaton v. Webster Motors of Glen Falls

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 1943
265 A.D. 1025 (N.Y. App. Div. 1943)

Opinion

January 13, 1943.

Appeal from State Industrial Board.

Present — Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ.


The only issue in this case is whether or not the accident arose out of and in the course of claimant's employment. Claimant was a sales manager and was engaged in the selling of new and used automobiles. On February 22, 1941, at 8:45 P.M., he left his residence to go to the employer's place of business for the purpose of closing the same for the day. He reached the driveway of his own premises, slipped and fell on the ice and sustained the injuries resulting in the award. At the time of the accident, claimant was proceeding to his employer's place of business in response to a call. Claimant's duties consisted of selling cars, appraising cars and general supervisor of the show-room. He also was charged with the duty of checking the cash at the end of the closing hours each day. It was his duty to take the cash home with him. An automobile was furnished him by his employer for use in the business. This car was also used as a demonstrator and was stored in claimant's garage. On the day in question claimant was proceeding to the garage for the purpose of driving the car to his place of employment. The findings of the State Industrial Board are sustained by the evidence. Award unanimously affirmed, with costs to the State Industrial Board.


Summaries of

Matter of Eaton v. Webster Motors of Glen Falls

Appellate Division of the Supreme Court of New York, Third Department
Jan 13, 1943
265 A.D. 1025 (N.Y. App. Div. 1943)
Case details for

Matter of Eaton v. Webster Motors of Glen Falls

Case Details

Full title:In the Matter of the Claim of JOHN H. EATON, Respondent, against WEBSTER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 13, 1943

Citations

265 A.D. 1025 (N.Y. App. Div. 1943)

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