MATTER OF PERRY v. TOWN OF CHERRY VALLEY


282 A.D. 908 (1953)

In the Matter of the Claim of Alma Perry, Respondent, v. Town of Cherry Valley et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 16, 1953.


Appellant contends that the finding that there was no rental of the town's equipment is contrary to all the evidence; that there was a rental which was ultra vires and illegal and that, since decedent was engaged in an illegal transaction, he was not within the coverage of the Workmen's Compensation Law. Decedent, for twenty-six years the town superintendent of highways of employer town, took the town truck and blasting equipment to the farm of one Spaulding for the...

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