MATTER OF BEIRING v. NIAGARA FRONTIER TRANSIT SYS., INC.


23 A.D.2d 611 (1965)

In the Matter of the Claim of George Beiring, Appellant, v. Niagara Frontier Transit System, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

February 19, 1965


REYNOLDS, J.

On November 13, 1962 claimant, a machinist, while engaged in playing touch football during his lunch hour with other employees outside the employer's plant, tripped as he tried to catch a pass and injured his right hand when it went through a plate-glass window. The board has found that the accident did not arise out of the employment. Here the record indicates clearly that the incident occurred during claimant's fixed lunch hour, at which...

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