Cliff v. Dover Motors, Inc.
| Decision Date | 27 April 1961 |
| Citation | 9 N.Y.2d 891,216 N.Y.S.2d 703 |
| Parties | , 175 N.E.2d 831 In the Matter of the Claim for Compensation etc., Made by Betty CLIFF, Claimant-Respondent, v. DOVER MOTORS, INC., Employer, et al., Appellants. Workmen's Compensation Board, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 11 A.D.2d 883, 202 N.Y.S.2d 914.
A proceeding was brought to recover workmen's compensation for the death of an automobile salesman when his demonstration automobile left the highway and struck a utility pole at about 10:40 P.M. The Workmen's Compensation Board awarded death benefits, and the employer and insurance carrier appealed.
The Appellate Division affirmed the decision and award and held that the evidence, including evidence relating to autopsy disclosing alcohol in salesman's brain in an amount sufficient to indicate intoxication and to salesman's activities in behalf of employer during the evening, warranted the finding that the unwitnessed accident arose out of employment and was not caused by personal activities constituting a deviation therefrom and was not occasioned solely by intoxication. Herlihy and Reynolds, JJ., dissented. The employer and insurance carrier appealed to the Court of Appeals.
Order affirmed, with costs to the respondent Workmen's Compensation board.
All concur except VAN VOORHIS, J., who dissents and votes to reverse and to dismiss the claim upon the dissenting memorandum of Justices HERLIHY and REYNOLDS in the Appellate Division.
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