Opinion
March 16, 1949.
Present — Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ. [See post, p. 867.]
Appeal from workmen's compensation. Claimant is a private chauffeur. He drove his employer to his office at 4:30 in the afternoon and was given instructions to return for the employer at 1:00 A.M. In the interim claimant was free to follow his own devices, but was subject to a call from his employer to return earlier. With the consent of the employer, who gave him money for transportation and dinner, claimant went to the house of a relative some distance away, the understanding being that if the employer needed him earlier than 1:00 A.M., he would telephone claimant at the relative's house. Near this house claimant fell on the street and was hurt. The control by employer of claimant's activity thus continued during this period of waiting and "free time" to such an extent that the injury must be treated as occurring in the course of employment. Award unanimously affirmed, with costs to the Workmen's Compensation Board.