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Matter of Callahan v. Railway Express Agency, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Mar 1, 1935
243 App. Div. 843 (N.Y. App. Div. 1935)

Opinion

March, 1935.

Present — Hill, P.J., Rhodes, McNamee, Crapser and Heffernan, JJ.


Deceased was working as a driver of an express truck. At the end of the day he placed truck in garage where it was customarily kept. On the way home from the garage, in the midst of a storm, he stopped under a tree in a park to seek shelter, and was killed by stroke of lightning. The State Industrial Board determined that the injury did not arise out of and in the course of the employment. Decision unanimously affirmed.


Summaries of

Matter of Callahan v. Railway Express Agency, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Mar 1, 1935
243 App. Div. 843 (N.Y. App. Div. 1935)
Case details for

Matter of Callahan v. Railway Express Agency, Inc.

Case Details

Full title:In the Matter of the Claim of ANNA CALLAHAN, Appellant, against RAILWAY…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 1, 1935

Citations

243 App. Div. 843 (N.Y. App. Div. 1935)

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