MATTER OF BAILEY v. INTERSTATE DEP'T STORES


34 A.D.2d 1062 (1970)

In the Matter of the Claim of Mildred Bailey, Respondent, v. Interstate Department Stores et al., Appellants. Workmen's Compensation Board, Respondent

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

June 30, 1970


HERLIHY, P. J.

The decedent was an outside worker subject, when necessary, to working seven days a week and at night. His employer's representative testified that at a new store opening — in which decedent was involved — such hours were required. At the time of the automobile accident he was traveling his customary route home. The principal issue raised on this appeal concerns whether on the day of the accident the decedent had actually...

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