neutral
Cited (no substantive treatment)
published
0.8 score
Treatment trajectory · 1926 → 2026 · click a year to view as-of
1926
1976
2026
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Retrieving the full opinion text from the archive…
In the Matter of the Claim of David Davidson, Respondent, Against Pansy Waist Company Et Al., Appellants. State Industrial Board, Respondent
New York Court of Appeals.
Mar 5, 1925.
Published opinion
James J. Scully, Everett F. Warrington, Herbert F. Hastings, Jr., and Robert H. Woody for appellants.
Albert Ottinger, Attorney-General ( E.C. Aiken of counsel), for respondents.
<italic>Per Curiam.</italic>.
Cited by 24 opinions | Published
Per Curiam.
While it may be that at the time the claimant sustained his injuries he was making himself ready to perform his regular daily work as a salesman, such preparation cannot be said to be part of his employ[*585] ment and it does not appear that he might not have prepared himself in exactly the same way if engaged in any other employment or vocation. The injury did not arise out of and in the course of his employment.
Orders reversed and claim dismissed, with costs against State Industrial Board.
His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ., concur.
Orders reversed, etc.