Appellate Division of the Supreme Court of New York, 1941

Claim of Silver v. Empire City Brewing Co.

Claim of Silver v. Empire City Brewing Co.
Appellate Division of the Supreme Court of New York · Decided January 15, 1941
261 A.D. 857; 24 N.Y.S.2d 746; 1941 N.Y. App. Div. LEXIS 7790
Claim of Silver v. Empire City Brewing Co.

Opinion of the Court

This is an appeal by the claimants from a decision of the State Industrial Board wherein the claims were disallowed on the question of accident. The State Industrial Board found that the deceased came to his death through an assault by a person unknown and that the act causing death was not an accident which arose out of and in the course of his employment. The evidence fully supports the decision of the State Industrial Board. Decision of the State Industrial Board unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Sehenek, JJ.

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