Claim of Gowing v. Brownville Board Co.

Appellate Division of the Supreme Court of New York

Claim of Gowing v. Brownville Board Co.

271 A.D.2d 940

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

DecidedJanuary 14, 1947

StatusPublished

This text of 271 A.D.2d 940 (Claim of Gowing v. Brownville Board Co.) 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 Gowing v. Brownville Board Co., 271 A.D.2d 940 (N.Y. Ct. App. 1947).

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Opinion

There is lack of clarity in the proof, particularly in view of the continued disability of decedent from the injury on November 28, 1932, to the time of his death. The findings as to the happening of November 28th are equivocal. The findings contain other inconsistent statements. The matter should be remitted to the Workmen’s Compensation Board. Decision reversed, on the law, and matter remitted to the Workmen’s Compensation Board for reconsideration and for the taking of such additional proof as either party may offer, without costs. Heffernan, Brewster, Foster and Russell, JJ., concur; Hill, P. J., dissents.

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There is lack of clarity in the proof, particularly in view of the continued disability of decedent from the injury on November 28, 1932, to the time of his death. The findings as to the happening of November 28th are equivocal. The findings contain other inconsistent statements. The matter should be remitted to the Workmen’s Compensation Board. Decision reversed, on the law, and matter remitted to the Workmen’s Compensation Board for reconsideration and for the taking of such additional proof as either party may offer, without costs. Heffernan, Brewster, Foster and Russell, JJ., concur; Hill, P. J., dissents.

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Bluebook (online)

271 A.D.2d 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-gowing-v-brownville-board-co-nyappdiv-1947.