MATTER OF SLATER v. PILCH


17 A.D.2d 340 (1962)

In the Matter of the Claim of Donald Slater, Respondent, v. Edwin Pilch et al., Appellants. Workmen's Compensation Board, Respondent

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

December 6, 1962.


Attorney(s) appearing for the Case

Miller & Ouimette (Wilfred T. Ouimette of counsel), for appellants.

Connor, Millman & Connor for claimant-respondent.

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

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


REYNOLDS, J.

On November 25, 1960 claimant, a farm laborer, was spreading manure with a tractor. As claimant alighted from the tractor, the tractor suddenly moved causing claimant to brush against the cab and running board. While attempting to regain his balance claimant stumbled, and a rifle he was carrying struck the ground and discharged causing a large wound in his hand. Claimant testified that he had brought the rifle with him to shoot any woodchucks...

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