In the Matter of the Claim of Joann Skinner, Respondent,
v.
Tobin Packing Co., Inc., et al., Appellants. Workmen's Compensation Board, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 20, 1966.
Decided September 29, 1966.
Attorney(s) appearing for the Case
Clayton T. Bardwell, M. James Conboy and John W. Cebula for appellants.
Louis J. Lefkowitz, Attorney-General (Henriette Frieder, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.
Harry W. Albright, Jr., for claimant-respondent.
Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI, KEATING and VAN VOORHIS. Taking no part: Judge BERGAN.
Court of Appeals of the State of New York.
Order affirmed, with costs; no opinion.
Judge VAN VOORHIS concurs upon the following ground: The requirement outlined in the opinion of Matter of Marks v. Gray (251 N.Y. 90) that the business errand should have prompted the trip appears to have been overruled in Matter of Mahoney v. Stern & Co. (9 N.Y.2d 931), which holds that it is sufficient if the journey on which the accident occurred was to serve...
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