Appellate Division of the Supreme Court of New York, 1940

Claim of Rauh v. Western Union Telegraph Co.

Claim of Rauh v. Western Union Telegraph Co.
Appellate Division of the Supreme Court of New York · Decided March 13, 1940
259 A.D. 770; 18 N.Y.S.2d 298; 1940 N.Y. App. Div. LEXIS 6590
Claim of Rauh v. Western Union Telegraph Co.

Opinion of the Court

Claimant was injured as the result of an assault committed by a fellow employee. The State Industrial Board has denied compensation on the ground that claimant initiated the assault and was the aggressor therein. There is substantial evidence to sustain this determination. Decision affirmed and *771claim dismissed, without costs. Hill, P. J., Crapser, Bliss, Sehenek and Poster, JJ., concur.

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