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Matter of Skinner v. Tobin Packing Co., Inc.

Court of Appeals of the State of New York
Sep 29, 1966
18 N.Y.2d 738 (N.Y. 1966)

Opinion

Argued September 20, 1966

Decided September 29, 1966

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Clayton T. Bardwell, M. James Conboy and John W. Cebula for appellants.

Louis J. Lefkowitz, Attorney-General ( Henriette Frieder, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

Harry W. Albright, Jr., for claimant-respondent.



Order affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI and KEATING. Judge VAN VOORHIS concurs upon the following ground: The requirement outlined in the opinion of Matter of Marks v. Gray ( 251 N.Y. 90) that the business errand should have prompted the trip appears to have been overruled in Matter of Mahoney v. Stern Co. ( 9 N.Y.2d 931), which holds that it is sufficient if the journey on which the accident occurred was to serve both a business and a private object. Taking no part: Judge BERGAN.


Summaries of

Matter of Skinner v. Tobin Packing Co., Inc.

Court of Appeals of the State of New York
Sep 29, 1966
18 N.Y.2d 738 (N.Y. 1966)
Case details for

Matter of Skinner v. Tobin Packing Co., Inc.

Case Details

Full title:In the Matter of the Claim of JOANN SKINNER, Respondent, v. TOBIN PACKING…

Court:Court of Appeals of the State of New York

Date published: Sep 29, 1966

Citations

18 N.Y.2d 738 (N.Y. 1966)
274 N.Y.S.2d 347
221 N.E.2d 172

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