Appellate Division of the Supreme Court of New York, 1928

Claim of Gomph v. Empire Floor & Lumber Corp.

Claim of Gomph v. Empire Floor & Lumber Corp.
Appellate Division of the Supreme Court of New York · Decided March 15, 1928
223 A.D. 803
Claim of Gomph v. Empire Floor & Lumber Corp.

Opinion of the Court

Award reversed and claim>dismissed, with costs against the State Industrial Board, on the ground that the accidental injuries were not received in the course of and did not arise out of the employment, on the authority of Matter of McInerney v. B. & S. R. R. Cory. (225 N. Y. 130); Matter of Clark v. Voorhees (231 id. 14); Scanlon v. Herald Co. (201 App. Div. 173); Gibbs v. Macy & Co., Inc. (214 id. 335; affd., 242 N. Y. 551). Van Kirk, P. J., Hinman, Davis, Whitmyer and Hill, JJ., concur.

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