MATTER OF LEGAULT v. KRAFT FOODS CO.


5 A.D.2d 712 (1957)

In the Matter of the Claim of Oscar Legault, as Executor of Emma Legault, Deceased, Appellant, v. Kraft Foods Company et al., Respondents. Workmen's Compensation Board, Respondent

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

December 19, 1957


The decedent was killed in an automobile accident driving his own car on his way home from a Christmas party given by an association of fellow employees. Decedent was an outside worker. The party was after working hours and held in a restaurant not on the employer's premises. The board has held by a divided vote that the accident did not arise out of and in the course of employment. There is proof in the record to indicate that all employees were required to become members...

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