Claim of Heimroth v. Elk Transportation Co.

Appellate Division of the Supreme Court of New York

Claim of Heimroth v. Elk Transportation Co.

263 A.D. 917, 32 N.Y.S.2d 168, 1942 N.Y. App. Div. LEXIS 7356

Appellate Division of the Supreme Court of the State of New York·Decided January 14, 1942·Published·Cited by 1 cases

Opinion

Appeal by the employer and carrier from an award of the State Industrial Board which granted death benefits to claimant. The husband of claimant was assaulted and killed by a fellow-employee at the employer’s place of business. The Board has found that decedent’s death was caused by accidental injuries arising out of and in the course of his employment. There is evidence to support this finding. Award affirmed, with costs to the State Industrial Board. Hill, P. J., Crapser and Foster, JJ., concur; Bliss and Sehenck, JJ., dissent.

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Appeal by the employer and carrier from an award of the State Industrial Board which granted death benefits to claimant. The husband of claimant was assaulted and killed by a fellow-employee at the employer’s place of business. The Board has found that decedent’s death was caused by accidental injuries arising out of and in the course of his employment. There is evidence to support this finding. Award affirmed, with costs to the State Industrial Board. Hill, P. J., Crapser and Foster, JJ., concur; Bliss and Sehenck, JJ., dissent.

Claim of Heimroth v. Elk Transportation Co., 263 A.D. 917, 32 N.Y.S.2d 168, 1942 N.Y. App. Div. LEXIS 7356 (N.Y. Ct. App. 1942).

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Opinion

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