Appellate Division of the Supreme Court of New York, 1941

Claim of Hall v. P. Feldman & Sons

Claim of Hall v. P. Feldman & Sons
Appellate Division of the Supreme Court of New York · Decided September 24, 1941
262 A.D. 979; 30 N.Y.S.2d 70; 1941 N.Y. App. Div. LEXIS 6769
Claim of Hall v. P. Feldman & Sons

Opinion of the Court

Appeal from an award of death benefits under the Workmen’s Compensation Law, The deceased employee lived on the premises *980of the employer, who operated a junk yard. While the decedent was at work he was accidentally shot by a police officer who had entered the premises to solicit the sale of tickets for a police benefit. The officer had called upon the employer on other occasions for social purposes and on the fatal day the employer asked the decedent to bring a chan for the officer. Shortly thereafter the officer accidentally shot the decedent. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Bliss, HeSeman, Schenck and Foster, JJ.

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