MATTER OF PURCELL v. HEARN'S DEPT. STORE


17 A.D.2d 886 (1962)

In the Matter of the Claim of Arthur J. Purcell, Jr., as Executor of Arthur J. Purcell, Deceased, Respondent, v. Hearn's Dept. Store et al., Appellants, and Special Funds Conservation Committee, Respondent. Workmen's Compensation Board, Respondent

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

October 31, 1962


Decedent, employed as a buyer in a department store, was fatally injured when struck by a hit-and-run automobile while returning to the store from his evening meal at a nearby restaurant. Appellants contest the finding that the accident arose out of and in the course of the employment. There is a paucity of evidence as to decedent's duties and activities outside the store, generally and at the time of the accident, and since we find no evidence sufficiently substantial to...

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