Appellate Division of the Supreme Court of New York, 1927

Claim of Murray v. Consolidated Telegraph & Electrical Subway Co.

Claim of Murray v. Consolidated Telegraph & Electrical Subway Co.
Appellate Division of the Supreme Court of New York · Decided July 15, 1927
221 A.D. 811
Claim of Murray v. Consolidated Telegraph & Electrical Subway Co.

Opinion of the Court

Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that there is no evidence to support the finding that claimant in the accident of February 29,1924, sustained a fracture of a bone in his right ankle. Furthermore, if an award is proper it should be limited to 205 weeks as for the loss of a foot. (See Matter of Stein v. Topol, 217 App. Div. 797.) Cochrane, P. J., Van Kirk, Hinman, Davis and Whitmyer, JJ., concur.

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