Opinion

Claim of Skinner v. Tobin Packing Co.

18 N.Y.2d 738
274 N.Y.S.2d 347
221 N.E.2d 172
1966 N.Y. LEXIS 1107

Court: New York Court of Appeals
Filed: Sep 29, 1966
Status: Published
On the bench: Appears, Bergan, Burke, Business, Desmond, Fuld, Gray, Ground, Journey, Keating, Matter, Object, Occurred, Outlined, Overruled, Prompted, Scileppi, Stern, Sufficient, That, Upon, Voorhis
Cited by: 1 cases
Authority: More cited than 61.1%

The opinion

Order affirmed, with costs; no opinion.

Concur: Chief Judge DesmoNd and Judges Fuld, Burke, Scileppi and Keating. Judge VAN Voorhis concurs upon the following ground: The requirement outlined in the opinion of Matter of Marks v. Gray ( 251 N. Y. 90 ) that the business errand should have prompted the trip appears to have been overruled in Matter of Mahoney v. Stern & Co. (9 N Y 2d 931), which holds that it is sufficient if the journey on which the accident occurred was to serve both a business and a private object. Taking no part: Judge BergaN.

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