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JAMISON v. NEW YORK STATE TEMP. COMM'N ON AGRIC.

308 N.Y. 683 (1954)

In the Matter of the Claim of Ruth E. Jamison, Respondent, v. New York State Temporary Commission on Agriculture et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1954

Attorney(s) appearing for the Case

Victor Fiddler, Bernard Katzen and George J. Hayes for appellants.

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

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

Per Curiam.

This award cannot be sustained, since there is nothing to take the case out of the settled rule that an employee injured while away from his employer's premises and while going to or from lunch is not entitled to workmen's compensation except in special circumstances not shown here (Matter of Johnson v. Smith, 263 N.Y. 10, 13; Matter of Weir v. Board of Educ., 282 N.Y. 709; Matter of Layton...

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