260 A.D. 824 | N.Y. App. Div. | 1940
Appeal by employer and insurance carrier from an award and decision of the State Industrial Board awarding compensation to claimant for disability under the Workmen’s Compensation Law. Claimant was employed as night man in a garage conducted by employer appellant. As such night man he was obliged to work twelve consecutive hours from seven p. m. to seven a. m. without relief, and he was invariably alone during that period. It was his custom to leave the garage and go to a nearby restaurant for coffee, which privilege was permitted by his employer. On the night of April 27, 1939, while on his way to obtain coffee, the ear driven by him came in collision with another car, resulting in the injuries sustained. The finding of the State Industrial Board that the accident arose out of and in the course of employment is amply supported by the evidence and by
