MATTER OF TYLER v. GILBERT


29 A.D.2d 591 (1967)

In the Matter of the Claim of Robert W. Tyler, Appellant, v. Donald Gilbert, Doing Business as Parishville Dairy, Respondent. Workmen's Compensation Board, Respondent

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

December 15, 1967


GABRIELLI, J.

The claimant was injured by the discharge of a gun being carried by a friend who was riding with the claimant while he was on his milk delivery route. The friend, who was not a coemployee, and the claimant had intended to test their guns and do some hunting. While on the milk route, both men got out of the truck, loaded their guns and thereafter claimant shot at some crows. His friend did not use his gun. Both men then returned to the truck...

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