Claim of Skinner v. Tobin Packing Co.

New York Court of Appeals September 29, 1966

Claim of Skinner v. Tobin Packing Co., 18 N.Y.2d 738 (N.Y. 1966)

274 N.Y.S.2d 347; 221 N.E.2d 172; 1966 N.Y. LEXIS 1107

Appears, Bergan, Burke, Business, Desmond, Fuld, Gray, Ground, Journey, Keating, Matter, Object, Occurred, Outlined, Overruled, Prompted, Scileppi, Stern, Sufficient, That, Upon, Voorhis

Opinion of the Court

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.

Reference

Full Case Name: In the Matter of the Claim of Joann Skinner v. Tobin Packing Co., Inc., Workmen's Compensation Board
Cited By: 1 case
Status: Published