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MATTER OF MOSS v. P. A. TRUCKING CO.

284 A.D. 675 (1954)

In the Matter of the Claim of Mildred Moss, Respondent, v. P. A. Trucking Co. et al., Appellants, and Cosmopolitan Mutual Casualty Company of New York, Respondent. Workmen's Compensation Board, Respondent

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

October 20, 1954.

Attorney(s) appearing for the Case

Morgan F. Bisselle and Warren C. Tucker for Michigan Mutual Liability Company, appellant.

E. F. W. Wildermuth and Michael F. Horgan for P. A. Trucking Co., appellant.

Emanuel E. Morgenbesser for Cosmopolitan Mutual Casualty Company of New York, respondent.

Markhoff & Isaacson for claimant-respondent.

Nathaniel L. Goldstein, Attorney-General (Carl Madonick and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.

BERGAN, J.

Decedent Moss was employed as driver of a truck making grocery deliveries from New York City to resorts in Sullivan County. He had made two deliveries late in the day on May 19, 1949, one in Glenwild and one at South Fallsburgh. At nine o'clock at night he telephoned his employer from Liberty for instructions. The next delivery was to be made at Livingston Manor, which is situated west of Liberty.<...

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