Appellate Division of the Supreme Court of New York, 1935

Claim of Rhoades v. Miller Bros. Construction Co.

Claim of Rhoades v. Miller Bros. Construction Co.
Appellate Division of the Supreme Court of New York · Decided May 15, 1935
244 A.D. 850
Claim of Rhoades v. Miller Bros. Construction Co.

Opinion of the Court

Claim for death benefits has been disallowed. Deceased intentionally went to sleep and met his death from carbon monoxide poisoning. The Industrial Board found that he had abandoned his employment. Decision unanimously affirmed, oti the authority of Matter of Groszek v. Western Union Telegraph Co. (262 N. Y. 478). Present — Hill, P. J.# Rhodes, McNamee, Crapser and Bliss, JJ.

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