Summary
In Gaurin v. Bagley Sewall Co., 298 N.Y. 511, 80 N.E.2d 660, the court had no difficulty in determining that where an employee left his work of piling lumber on a river bank to engage in the prank of pushing an old wagon into the stream and in so doing was drowned, the accident did not arise out of or in the course of employment.
Summary of this case from Bouchard v. Sargent, Inc.Opinion
Argued May 20, 1948
Decided June 11, 1948
Appeal from the Supreme Court, Appellate Division, Third Department.
Lewis C. Ryan for appellants.
Nathaniel L. Goldstein, Attorney-General ( Roy Wiedersum, Wendell P. Brown and Daniel Polansky of counsel), for respondent.
There is no evidence in this record that the death of claimant's decedent arose out of and in the course of his employment (see Matter of Frost v. Franklin Mfg. Co., 204 App. Div. 700, affd. 236 N.Y. 649; cf. Matter of Industrial Comr. [ Siguin] v. McCarthy, 295 N.Y. 443, 447). Order of Appellate Division and award of the Workmen's Compensation Board reversed, with costs against the board in this court and in the Appellate Division and the claim dismissed.
LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ., concur.
Ordered accordingly.