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Matter of Leatham v. Thurston & Braidich – Case Brief Summary (New York)

In Matter of Leatham v. Thurston & Braidich (264 AD 449, 35 N.Y.S.2d 887 [3d Dept 1942], affirmed 289 NY 804, 47 N.E.2d 51 [1943]), the plaintiff's entry into work was blocked by a truck loading at the loading platform.

He climbed up the space between the truck cab and the trailer to squeeze through the opening when he fell and sustained personal injuries.

The Third Department and Court of Appeals agreed that, when the ingress and egress brings the accident within the range of employment, the accident cannot be said to be disassociated from the employment and workers' compensation applies.