Opinion
June 29, 1951.
Appeal from Supreme Court, Schenectady County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Plaintiff and each defendant were employed by the General Electric Company. Plaintiff was on her way from work in defendant Schuth's automobile. While still on the premises of the employer, the Schuth car collided with defendant Duglin's car and plaintiff was injured. The action is for negligence. The injury was by fellow employees on the employer's premises in which the course of employment is deemed to continue while the employees are on their way home until egress is complete. Under a well-established rule the injury would be compensable by workmen's compensation benefits, and if this would be so, the Supreme Court would have no jurisdiction of the case. Order dismissing the complaint as to each defendant unanimously affirmed, with $10 costs and disbursements.