MATTER OF LOWERY v. RISS & CO.


10 A.D.2d 489 (1960)

In the Matter of Marian Lowery, Respondent, v. Riss & Co., Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

May 16, 1960.


Attorney(s) appearing for the Case

Paul Reed Taylor for appellants.

Salvatore M. Lo Monaco for claimant-respondent.

Louis J. Lefkowitz, Attorney-General (Harry Fromberg and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

BERGAN, P. J., COON, GIBSON and HERLIHY, JJ., concur.


REYNOLDS, J.

The deceased employee worked as a salesman covering a large territory soliciting customers for the employer's trucking business. The decedent lived in Cortland and his employer had an office in Syracuse. He did not report to the office every day but he kept the office informed as to where he was going and if he was going to stay overnight. If he stayed overnight his restaurant and hotel expenses were paid. He used his own car for which he...

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