MATTER OF GRAY v. DAILY NEWS


284 A.D. 911 (1954)

In the Matter of the Claim of Walter Gray, Respondent, v. Daily News et al., Appellants. Workmen's Compensation Board, Respondent

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

October 20, 1954.


The sole contention of appellants is that claimant's injuries did not arise out of and in the course of his employment because claimant had abandoned his employment and had not returned to it at the time of the accident. Claimant was employed as a uniformed guard stationed on the sidewalk to guard the area around an outside door. His hours were from midnight to 8:00 A. M. On the morning of February 13, 1949, he left his post and entered a restaurant across the street, where...

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