Miles v. Gibbs & Hill, Inc.
| Decision Date | 16 April 1929 |
| Citation | 250 N.Y. 590,166 N.E. 335 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | In the Matter of the Claim of Weldon MILES, Respondent, v. GIBBS & HILL, Inc., et al., Appellants. State Industrial Board, Respondent. |
OPINION TEXT STARTS HERE
Appeal from an order of the Appellate Division of the Supreme Court in the Third Judicial Department (225 App. Div. 839, 232 N. Y. S. 818), entered January 25, 1929, affirming an award of the State Industrial Board made under the Workmen's Compensation Law (Consol. Laws, c. 67). Claimant, while walking along a railroad track in the regular course of his employment, struck with a hammer, which he was carrying, a torpedo on the track, which exploded causing a piece of metal to enter his left eye from which he sustained injuries resulting in its removal. The award was opposed on the ground that the accident did not arise out of and in the course of claimant's employment.William B. Davis and E. C. Sherwood, both of New York City, for appellants.
Hamilton Ward, Atty. Gen. (E. C. Aiken, Deputy Atty. Gen., of counsel), for respondent.
Order affirmed, with costs.
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