212 A.D. 99 | N.Y. App. Div. | 1925
The question raised is whether or not the deceased employee was in the course of his employment when he received an injury causing his immediate death. He was seventeen years of age and for about two months had been employed as a lineman for a corporation engaged in the manufacture and distribution of gas and electricity. He was a subordinate employee, working under a foreman. His regular working days did not include Sundays and his gang was not working on Sunday, May 13, 1923. He was at his home in Gloversville about eight-thirty p. M. on that day when he was informed that an electric wire which carried a high voltage, owned by his company, had come in contact with a tree located on the street on which he lived and about 150 feet from his home. Upon investigating it he observed sparks coming from the contact of the wire with the tree and he saw that some people, including children, were witnessing the same. He stated that he would have to report the matter to the “ boss.” He went to the telephone and apparently called the home of the general-line foreman, who was the superior of his own gang foreman. The general foreman was not at home. His daughter answered the
The award should be reversed and the claim dismissed, with costs against the State Industrial Board.
All concur.
Award reversed and claim dismissed, with costs against the State Industrial Board.