MATTER OF PEER v. EASTERN ROCHESTER EXEMPT FIREMEN'S ASS'N, INC.


281 A.D. 934 (1953)

In the Matter of the Claim of The Estate of Willard Peer, Respondent, v. East Rochester Exempt Firemen's Association, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

March 18, 1953.


The only issue involved is whether decedent's injuries and death resulted solely from intoxication while he was on duty. Decedent was a cook. On the morning of his death he was on the premises of the employer and there is some proof to indicate that shortly before the body was found he was on his way through an outside entrance to the cellar of the premises for the purpose of getting some vegetables. His body was found lying face down two or three feet away from the sidewalk...

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