MATTER OF JOHNSON v. LOEW'S, INC.


7 A.D.2d 795 (1958)

In the Matter of the Claim of James Johnson, Respondent, v. Loew's, Inc. et al., Appellants. Workmen's Compensation Board, Respondent

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

December 30, 1958


Claimant, 17 years of age and employed as a messenger, was injured when struck in the eye by a metal paper clip which he was attempting to shoot out of a window by means of a rubber band. Appellants contend that the accident did not arise out of or in the course of the employment. About two hours before the accident claimant and other employees of about his age had been shooting clips from rubber bands aiming them at pipes outside the window. The paper clip which caused his...

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