Andrews v. Emporium Forestry Co.
| Decision Date | 16 April 1929 |
| Citation | 250 N.Y. 592,166 N.E. 336 |
| Parties | In the Matter of the Claim of Estelle V. ANDREWS, Appellant, v. EMPORIUM FORESTRY COMPANY, et al., Respondents. State Industrial Board, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (224 App. Div. 327, 230 N. Y. S. 707), entered October 1, 1928, reversing an award of the State Industrial Board made under the Workmen's Compensation Law (Consol. Laws, c. 67), and dismissing the claim. Claimant's husband was employed as assistant foreman in a planing mill, the owner of which also owned most of the buildings in the village where it is located and had installed a water system and organized part of its employees as a fire company, supplying them with necessary appliances for fighting fire. On November 17, 1927, while coming from the planing mill, he noticed a fire in the chimney of the house in which he resided and ran upgrade toward it for a distance of one hundred yards causing him shortening of breath and considerable distress. On December 2 thereafter he died from a disease of the heart brought on, as it is claimed, by the exertion of running to the fire. He was not a member of the fire company, but it was claimed that it was a part of his duty to assist in protecting his employer's property. The Appellate Division dismissed the claim on the ground that there was no evidence to sustain a finding that the decedent was engaged in the regular course of his employment at the time of the accident.
James O. Sebring, of Corning, for appellant.
Jeremiah F. Connor, of New York City, for respondents.
Order of the Appellate Division reversed and award of State Industrial Board Confirmed, with costs in all courts, on the ground that the injuries which resulted in the death of Leonard Andrews arose out of and in the course of his employment.
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...* * *' (Larson, Workmen's Compensation Law, Vol. 1, § 28.11, at pages 427, 428 (1969)). In the case of Andrews v. Emporium Forestry Company, 250 N.Y. 592, 166 N.E. 336 (1929), it was shown that an employee ran to put out a fire at his residence, which was the property of his employer. He ha......
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