4 A.D.2d 906 | N.Y. App. Div. | 1957
Appeal by an employer and its carrier from an award of compensation made hy the Workmen’s Compensation Board to claimant for various periods of disability between January 21, 1955 and November 18, 1955. The sole question on appeal is whether claimant sustained an accidental injury out of and in the course of his employment. He was employed as a patrolman on a housing project which contained a number of apartments, and lived on the grounds although not required to do so. His hours of work were from 3 :00 p.m. to 11:00 p.m. About 6:00 p.m. on the day of the accident he crossed a public street adjacent to the premises of his employer to get a newspaper, and while returnirig he was struck by an automobile. He had been accustomed to getting newspapers daily from the same source across the street, and this custom was known to the employer. It is appellants’ contention that claimant went for the newspaper on his own time — that is during his dinner hour; and also that he was not subject to call at any and all hours, and hence was not a full-time employee even though he lived