Matter of Gaurin v. Bagley Sewall Company

Court: New York Court of Appeals
Date filed: 1948-06-11
Citations: 80 N.E.2d 660, 298 N.Y. 511, 1948 N.Y. LEXIS 1110
Copy Citations
10 Citing Cases
Lead Opinion
Per Curiam.

There is no evidence in this record that the death of claimant’s decedent arose out of and in the course of his employment (see Matter of Frost v. Franklin Mfg. Co., 204 Div. 700, affd. 236 N. Y. 649; cf. Matter of Industrial Comr. [Siguin] v. McCarthy, 295 N. Y. 443, 447). Order of Appellate Division and award of the Workmen’s Compensation Board reversed, with costs against the board in this court and in the Appellate Division and the claim dismissed.

Loughran, Ch. J., Lewis, CoNway, Desmond, Thachee, Dye and Fuld, JJ., concur.

Ordered accordingly. [See 298 N. Y. 619.]