MATTER OF SCOTT v. GEORGE SCHAEFER & SONS, INC.


3 A.D.2d 775 (1957)

In the Matter of the Claim of Eleanor Scott, on Behalf of Herself and Minor Child, Respondent, v. George Schaefer & Sons, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

March 14, 1957


The board properly found that the accidental injuries which resulted in decedent's death arose out of and in the course of his employment. Decedent was an outside salesman with no fixed hours of employment and no limitations as to his sales territory. He was accustomed to telephone his employer at intervals in the daytime and in the evening and there was evidence that he customarily called the fellow employee to whom he transmitted sales orders and from whom he obtained information...

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