MATTER OF HERMAN v. GREENPOINT BARREL & DRUM RECONDITIONING CO.


9 A.D.2d 572 (1959)

In the Matter of the Claim of Sally Herman, on Behalf of Herself and Minor Son, Respondent, v. Greenpoint Barrel & Drum Reconditioning Company et al., Appellants. Workmen's Compensation Board, Respondent

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

August 13, 1959


The employer on December 21, 1953, gave a party on his premises — as it was the custom — to celebrate the holiday season. He furnished quantities of intoxicating liquor and food. The decedent, with a coemployee, engaged in a contest as to who could drink the other "under the table" and the record discloses that the intoxicating liquors were drunk by the cupful. Later he was found asleep and the employer took him home where he was placed in bed. Shortly thereafter...

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