Opinion · Nylaw New York

MATTER OF MARTINO v. BLUE RIDGE COAL COMPANY, 248 App. Div. 660 (1936)

In the Matter of Claim of LEWIS MARTINO, Respondent, against BLUE RIDGECOAL Co. & Another, Appellants.STATE Indus. Bd., Respondent., 248 A.D. 660 (Appellate Division of the Supreme Court of New York, Third Department. 1936)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1936-01-01
Topic: general

MATTER OF MARTINO v. BLUE RIDGE COAL COMPANY, 248 App. Div. 660 (1936) In the Matter of the Claim of LEWIS MARTINO, Respondent, against BLUE RIDGECOAL COMPANY and Another, Appellants.STATE INDUSTRIAL BOARD, Respondent.Appellate Division of the Supreme Court of New York, Third Department. May, 1936. Claimant was a helper on a coal truck.

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MATTER OF MARTINO v. BLUE RIDGE COAL COMPANY,248 App. Div. 660(1936)

In the Matter of the Claim of LEWIS MARTINO, Respondent, against BLUE RIDGE

COAL COMPANY and Another, Appellants.

STATE INDUSTRIAL BOARD, Respondent.

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

May, 1936.

Claimant was a helper on a coal truck. The Board has found that while working for his employer, and while returning with a delivery of coal, he stopped at a street corner for a cup of coffee and as he descended from the truck he was struck by an automobile, sustaining the injuries in question. He had gone to work at six A.M. and had eaten no breakfast because his stomach would not take food so early in the day. He had been without food since the night before. The sole question raised is that the accident did not arise out of and in the course of his employment. Award unanimously affirmed, with costs to the State Industrial Board. (SeeSztorcv.Stansbury, Inc.,189 App. Div. 388. )

Present — Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ.Page 661