Claim of McKenna v. Atlas Contractors Equipment Corp.

New York Court of Appeals

Claim of McKenna v. Atlas Contractors Equipment Corp.

90 N.E.2d 479, 300 N.Y. 317, 1950 N.Y. LEXIS 861

CourtNew York Court of Appeals

DecidedJanuary 12, 1950

StatusPublished

Cited by3 cases

This text of 90 N.E.2d 479 (Claim of McKenna v. Atlas Contractors Equipment Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Claim of McKenna v. Atlas Contractors Equipment Corp., 90 N.E.2d 479, 300 N.Y. 317, 1950 N.Y. LEXIS 861 (N.Y. 1950).

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Opinion

Per Curiam.

There was evidence to support the conclusions of the Workmen’s Compensation Board, first, that the fire originated from a source separate and apart from the employee; *319 second, that, since that was so, there was no question but that the death arose out of and in the course of the employment; and, third, that the employer and carrier had failed to establish that the injury and the ensuing death were * ‘ solely occasioned by intoxication of the * * * employee ” (Workmen’s Compensation Law, §§ 10, 21, subd. 4). We pass upon no other question.

The order of the Appellate Division should be reversed and the award of the Workmen’s Compensation Board affirmed, with costs in this court and in the Appellate Division.

Loughran, Ch. J., Lewis, Conwat, Desmond, Dte, Fuld and Froessel, JJ., concur.

Order reversed, etc.

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Per Curiam.

There was evidence to support the conclusions of the Workmen’s Compensation Board, first, that the fire originated from a source separate and apart from the employee; *319 second, that, since that was so, there was no question but that the death arose out of and in the course of the employment; and, third, that the employer and carrier had failed to establish that the injury and the ensuing death were * ‘ solely occasioned by intoxication of the * * * employee ” (Workmen’s Compensation Law, §§ 10, 21, subd. 4). We pass upon no other question.

The order of the Appellate Division should be reversed and the award of the Workmen’s Compensation Board affirmed, with costs in this court and in the Appellate Division.

Loughran, Ch. J., Lewis, Conwat, Desmond, Dte, Fuld and Froessel, JJ., concur.

Order reversed, etc.

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Bluebook (online)

90 N.E.2d 479, 300 N.Y. 317, 1950 N.Y. LEXIS 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-mckenna-v-atlas-contractors-equipment-corp-ny-1950.

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