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MATTER OF TOBIAS v. STORMCO CO., INC.

282 A.D. 1087 (1953)

In the Matter of the Claim of Milton Tobias, Respondent, v. Stormco Co., Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

December 8, 1953.

Claimant was employed as a salesman. He was injured while playing baseball with a team made up of coemployees. There is strong and persuasive evidence that the team was proposed and sponsored by the employer for advertising purposes. The board found that claimant's injuries arose out of and in the course of his employment.

Decision and award unanimously affirmed, with costs to the Workmen's Compensation...

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