Claim of Commissioner of Taxation & Finance v. Burghard

Appellate Division of the Supreme Court of New York

Claim of Commissioner of Taxation & Finance v. Burghard

262 A.D. 783, 27 N.Y.S.2d 401, 1941 N.Y. App. Div. LEXIS 5841

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 7, 1941

StatusPublished

This text of 262 A.D. 783 (Claim of Commissioner of Taxation & Finance v. Burghard) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Commissioner of Taxation & Finance v. Burghard, 262 A.D. 783, 27 N.Y.S.2d 401, 1941 N.Y. App. Div. LEXIS 5841 (N.Y. Ct. App. 1941).

Pincite

Opinion

Appeal by the employer and insurance carrier from an award to the Special Fund, there being no surviving dependents of the decedent. Appellants contend that the death of decedent, who was drowned while attempting to seek a place of safety from the effects of a hurricane, was not due to an accidental injury arising out of and in the course of his employment, but was due to an act of God. There is evidence to sustain the finding that decedent’s employment took him within a zone of special danger. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffeman and Foster, JJ.

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Appeal by the employer and insurance carrier from an award to the Special Fund, there being no surviving dependents of the decedent. Appellants contend that the death of decedent, who was drowned while attempting to seek a place of safety from the effects of a hurricane, was not due to an accidental injury arising out of and in the course of his employment, but was due to an act of God. There is evidence to sustain the finding that decedent’s employment took him within a zone of special danger. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffeman and Foster, JJ.

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Bluebook (online)

262 A.D. 783, 27 N.Y.S.2d 401, 1941 N.Y. App. Div. LEXIS 5841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-commissioner-of-taxation-finance-v-burghard-nyappdiv-1941.