
    In the Matter of the Claim of Emil A. Freitag, Respondent, against American Railway Express Company, Appellant.
    
      Workmen’s compensation — express messenger injured through jumping from train — when injury rose out of and in course of employment.
    
    
      Freitag v. American Railway Express Co., 209 App. Div. 233, affirmed.
    (Argued October 3, 1924;
    decided October 21, 1924.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 29, 1924, which affirmed an award of the State Industrial Board, made under the Workmen’s Compensation Law. Claimant, an express messenger, jumped from an express car, when nearing its destination, was thrown under the car and received severe injury. The Industrial Board found that the claimant alighted from the train for the purpose and with the intent of going to the office of his employer to report and procure the signature of his employer’s agent to his time slip, which act was required by the employer and that this was an incident of his employment.
    
      Harry S. Marx for appellant.
    
      Carl Sherman, Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  