16 A.D.2d 1005 | N.Y. App. Div. | 1962
Appeal by claimant-widow from a decision of the Workmen’s Compensation Board finding that the accident, which caused the death of Richard L. Owen, did not arise out of and in the course of employment and disallowing death benefits. Decedent was employed as a mechanical engineer specializing in the developing and tooling of jet propeller blades under a contract which his employer had with a division of General Motors. In the course of duties he was required to visit and place contracts with various tool-design firms throughout the State. On September 5, 1956 decedent was required to make such a trip to Vestal, New York. He had originally planned to take a company ear for the trip but when one proved unavailable he drove his own car. Despite the fact that he did not leave till around noon he planned to return home that evening. What happened next is disputed. Robert Lewis, owner of a tool and design firm in Vestal, testified at the hearing in 1960 that he had previously requested that a member of the Oneida Limited sales staff visit his firm and that on September 5, 1956 decedent had called his office at 5:00 p.m. and suggested a meeting. Since the plant was closing down Lewis stated he suggested they meet at the Red Barn Restaurant in Vestal and decedent agreed. At the Red Barn Lewis and decedent had some drinks, ate dinner and discussed business until 8:30 p.m. when decedent left. The respondents’ employer and its carrier take the position that decedent had no business connection with Lewis’ firm and produced a signed statement by Lewis made 35 days after the accident in which Lewis stated he did not have any appointment to meet decedent at the Red Barn but had met him there by accident and that decedent had left at 9:30 p.m. rather than 8:30. That during the course of their conversation some business was discussed is not disputed. The record next reveals that at 10:00 p.m., as prearranged, decedent phoned his wife and told her that he had
