MATTER OF PETRIE v. KIEWIT-JOHNSON & JOHNSON


15 A.D.2d 696 (1962)

In the Matter of the Claim of Lillian Petrie, Appellant, v. Kiewit-Johnson & Johnson et al., Respondents. Workmen's Compensation Board, Respondent

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

January 17, 1962


The deceased employee was drowned when he fell into the St. Lawrence River while fishing after working hours from a dam being constructed by the employer. The board has found that the accident did not arise out of and in the course of employment. It is undisputed that claimant's work day had ended and that he normally would have left the employer's premises. His presence there was the result of his own election to remain to engage in the purely personal activity of fishing...

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