
    In the Matter of the Claim of John Laurino, Respondent, v. John E. Donovan et al., Appellants. State Industrial Commission, Respondent.
    
      Matter of Laurino v. Donovan, 186 App. Div. 387, affirmed.
    (Argued May 20, 1919;
    decided June 3, 1919.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1919, unanimously affirming an award of the - state industrial commission made under the Workmen’s Compensation Law. The claimant and one William Earl were employed as chauffeurs by John E. Donovan. They had been that afternoon directed by him to clean up.the garage and cars. The premises of the employer consisted of a garage, dock, stable, blacksmith shop and machine shop. Laurino and other employees of Donovan had been hauling coal to the dock that forenoon. There was a pile of coal on the dock, about 200 feet from the garage. Earl found an explosive cap with a copper wire attachment in the pile of coal. He brought it into the garage and was attempting to remove the wire from the cap, when it exploded and struck Laurino, who was passing in the performance of his work, in the right eye, destroying the sight. Appellants contended that the injury did not arise out of the employment.
    
      E. C. Sherwood, William B. Davis and Amos H. Stephens for appellants.
    
      Charles D. Newton, Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Collin, Cuddeback, Cardozo, Pound and Crane', JJ. Dissenting: His cock, Ch. J., and Andrews, J.  