Rice v. State Indus. Bd. (In re Cleveland)

• Decision Date: 21 October 1924
• Citation: 147 N.E. 182,239 N.Y. 530
• Parties: In the Matter of the Claim of Fayette CLEVELAND, Respondent, against Carlton J. RICE et al., Appellants. State Industrial Board, Respondent.
• Court: New York Court of Appeals Court of Appeals

239 N.Y. 530

147 N.E. 182

In the Matter of the Claim of Fayette CLEVELAND, Respondent, against Carlton J. RICE et al., Appellants. State Industrial Board, Respondent.

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. 257, 204 N. Y. S. 423), entered May 29, 1924, affirming an award of the State Industrial Board, made under the Workmen's Compensation Law. Claimant was employed by a livery-stable keeper at Cuba, N. Y., to convey with a horse and cutter a passenger for a distance of five miles. On the homeward trip claimant was thrown from the cutter and the horse, making its escape, returned unattended to the stables with the cutter, both uninjured. Claimant wrapped himself in a buffalo robe, which had fallen from the cutter, and sat down in the snow to wait for a vehicle that might by chance be passing and whereby he might procure his return to Cuba. The time was about 1 o'clock a. m. He unintentionally fell asleep. Several hours thereafter he was discovered by a resident of a house in the immediate vicinity and was by him conveyed to his destination. Later in the day he discovered that his left foot had been frozen. It was subsequently amputated, and for the loss thereof the award in question has been made. The question was whether the loss of the foot was an injury arising out of and in the course of the employment.

Edward P. Mowton, of New York City, for appellants.

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

Walter N. Renwick, of Cuba, N. Y., for respondent.

PER CURIAM.

Order affirmed, with costs.

HISCOCK, C. J., and CARDOZO, POUND, McLAUGHLIN, CRANE, ANDREWS, and LEHMAN, JJ., concur.