MATTER OF MARKS v. FREEMAN BUS CORP.


28 A.D.2d 751 (1967)

In the Matter of the Claim of Henry O. Marks, Appellant, v. Freeman Bus Corporation et al., Respondents. Workmen's Compensation Board, Respondent

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

June 19, 1967


REYNOLDS, J.

Claimant, a garage mechanic whose regular hours were 8:00 to 5:00, was working on a bus, tuning the engine, when at 4:40 he decided to put up his tools and stop working for the day. On doing so he noticed a coemployee working on his personally-owned lawnmower and in helping him to adjust the carburetor sustained the injury involved. Claimant, as a basis of recovery, advanced proof that the employer acquiesced in his employees doing personal...

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