MTR MERCH. v. PINKERTON'S


50 N.Y.2d 492 (1980)

In the Matter of the Claim of Glenora Merchant, Respondent, v. Pinkerton's Inc. et al., Appellants. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1980.


Attorney(s) appearing for the Case

Mark W. Hamburger and Marvin H. Mason for appellants.

Frank S. Kedzielawa and Gerard R. Fornes for Glenora Merchant, respondent.

Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG concur with Chief Judge COOKE; Judge MEYER dissents and votes to reverse in a separate opinion in which Judge JONES concurs.


Chief Judge COOKE.

The single issue presented is whether decedent's disregard of his employer's prohibition against carrying personal firearms on the job leads to the conclusion, as a matter of law, that his accidental shooting did not arise in and out of the course of his employment.

The operative facts are undisputed. On the morning of May 5, 1974, two boys playing in an industrial neighborhood discovered...

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