MATTER OF CONGDON v. KLETT


307 N.Y. 218 (1954)

In the Matter of the Claim of John F. Congdon, Respondent, v. Henry N. Klett, Doing Business as The Klett Co., et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided June 4, 1954


Attorney(s) appearing for the Case

Noel S. Symons for appellants.

Nathaniel L. Goldstein, Attorney-General (Daniel Polansky, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

LEWIS, Ch. J., DESMOND, DYE, FULD and FROESSEL, JJ., concur with CONWAY, J.; VAN VOORHIS, J., concurs except regarding what is said concerning the rationale of Matter of Penzara v. Maffia Bros. ().


CONWAY, J.

This is an appeal by permission of this court from an order of the Appellate Division, Third Department, which unanimously affirmed an award of the Workmen's Compensation Board in favor of the claimant.

The sole issue is whether claimant's accidental injuries arose out of and in the course of his employment.

The employer, The Klett Co., was engaged in the business of selling and servicing electrical...

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