Freitag v. American Ry. Express Co.

• Decision Date: 21 October 1924
• Citation: 147 N.E. 181,239 N.Y. 529
• Parties: In the Matter of the Claim of Emil A. FREITAG, Respondent, against AMERICAN RAILWAY EXPRESS COMPANY, Appellant.
• Court: New York Court of Appeals Court of Appeals

239 N.Y. 529

147 N.E. 181

In the Matter of the Claim of Emil A. FREITAG, Respondent, against AMERICAN RAILWAY EXPRESS COMPANY, Appellant.

Court of Appeals of New York.

Oct. 21, 1924.

Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (209 App. Div. 233, 205 N. Y. S. 189), entered May 29, 1924, which affirmed an award of the State Industrial Board, made under the Workmen's Compensation Law. Claimant, an express messenger, jumped from an express car, when nearing its destination, was thrown under the car, and received severe injury. The Industrial Board found that the claimant alighted from the train for the purpose and with the intent of going to the office of his employer to report and procure the signature of his employer's agent to his time slip, which act was required by the employer, and that this was an incident of his employment.

Harry S. Marx, of New York City, for appellant.

Carl Sherman, Atty. Gen. (E. C. Aiken, Deputy Atty. Gen., of counsel), for respondent.

PER CURIAM.

Order affirmed, with costs.HISCOCK, C. J., and CARDOZO, POUND, McLAUGHLIN, CRANE, ANDREWS, and LEHMAN, JJ., concur.