Opinion
March 20, 1952.
Appeal from Workmen's Compensation Board.
Decedent was employed as a shovel operator and for some time prior to his accident had been continuously engaged in his work at a gravel pit some distance from his home. While on his way home in his own car shortly before eight o'clock in the evening decedent was killed in a collision with another vehicle. It is urged that because decedent had some of the employer's tools in his car and was sometimes called for emergency duty outside regular working hours that he was still in the course of his employment. But a question of fact is involved and the board has found that decedent had completely separated himself from his employment several hours before the accident. There is evidence to support the finding. Decision affirmed, without costs. Foster, P.J., Brewster, Bergan and Coon, JJ., concur; Heffernan, J., dissents and votes to reverse the decision of the Workmen's Compensation Board and to remit the matter to the board for the purpose of making an award in favor of the claimant.