MATTER OF SMITH v. UNITED UTILS. & SPECIALTY CORP.


285 A.D. 1100 (1955)

In the Matter of the Claim of Leola F. Smith, Respondent, v. United Utilities & Specialty Corporation et al., Appellants. Workmen's Compensation Board, Respondent

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

April 1, 1955.


Deceased was killed in an automobile accident, and the only issue presented is whether the accident arose out of and during the course of his employment. Deceased was employed as a part-time outside salesman, engaged in house to house selling of household appliances. His hours of work and his territory were of his own unlimited choice. On the morning of March 10, 1951, claimant started from his home in Elmira, N. Y., with one White, in White's car. He placed a quantity of...

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