Claim of Swanson v. Val Line, Inc.

Appellate Division of the Supreme Court of New York

Claim of Swanson v. Val Line, Inc.

262 A.D. 788, 27 N.Y.S.2d 354, 1941 N.Y. App. Div. LEXIS 5856

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

DecidedMay 7, 1941

StatusPublished

This text of 262 A.D. 788 (Claim of Swanson v. Val Line, Inc.) 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 Swanson v. Val Line, Inc., 262 A.D. 788, 27 N.Y.S.2d 354, 1941 N.Y. App. Div. LEXIS 5856 (N.Y. Ct. App. 1941).

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Opinion

This is an appeal by the widow of deceased from a decision of the State Industrial Board which affirmed a disallowance of a claim for death benefits. The employer was engaged in the business of transportation of fuel oil by barges and the deceased was captain of one of the barges. On Sunday, February 5, 1939, the barge, of which the deceased was captain, was tied up at Pier 3, Tompkinsville, Staten Island. The barge had arrived at the pier at about one o’clock in the afternoon and was scheduled to leave at eleven o’clock that evening. Deceased left the barge telling his mate on the barge that he was going to his home and that he would probably be back that evening. His wife found him at home at five o’clock in the afternoon, and he remained at home until ten minutes after nine, when he stated to his wife he was going back to the boat. The evidence shows that he did not go back to the boat and was never seen alive again. Seven weeks later his body was found in the water near Pier 5. It was conclusively established by the evidence that the deceased never reached the pier or dock on the night in question where his boat was tied up. The evidence in the case supports the decision, and decision dismissing the claim should, therefore, be affirmed. Decision unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Bliss, Schenek and Foster, JJ.

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This is an appeal by the widow of deceased from a decision of the State Industrial Board which affirmed a disallowance of a claim for death benefits. The employer was engaged in the business of transportation of fuel oil by barges and the deceased was captain of one of the barges. On Sunday, February 5, 1939, the barge, of which the deceased was captain, was tied up at Pier 3, Tompkinsville, Staten Island. The barge had arrived at the pier at about one o’clock in the afternoon and was scheduled to leave at eleven o’clock that evening. Deceased left the barge telling his mate on the barge that he was going to his home and that he would probably be back that evening. His wife found him at home at five o’clock in the afternoon, and he remained at home until ten minutes after nine, when he stated to his wife he was going back to the boat. The evidence shows that he did not go back to the boat and was never seen alive again. Seven weeks later his body was found in the water near Pier 5. It was conclusively established by the evidence that the deceased never reached the pier or dock on the night in question where his boat was tied up. The evidence in the case supports the decision, and decision dismissing the claim should, therefore, be affirmed. Decision unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Bliss, Schenek and Foster, JJ.

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Bluebook (online)

262 A.D. 788, 27 N.Y.S.2d 354, 1941 N.Y. App. Div. LEXIS 5856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-swanson-v-val-line-inc-nyappdiv-1941.