Appellate Division of the Supreme Court of New York, 1941

Claim of Giovine v. United Hebrew Cemetery

Claim of Giovine v. United Hebrew Cemetery
Appellate Division of the Supreme Court of New York · Decided November 19, 1941
263 A.D. 772; 30 N.Y.S.2d 929; 1941 N.Y. App. Div. LEXIS 4880
Claim of Giovine v. United Hebrew Cemetery

Opinion of the Court

Appeal from an award of death benefits to a widow. The husband met his death while employed in a cemetery in connection with the digging of a grave and the burial of a body. He was struck by lightning. His employment exposed him to the hazard. (Matter of Katz v. Kadans & Co., 232 N. Y. 420; Matter of Christiansen v. Hill Reproduction Company, 262 App. Div. 379; Matter of Hughes v. St. Patrick’s Cathedral, 218 id. 796; affd., 245 N. Y. 201; Matter of Many v. Bradford, 266 id. 558.) Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Hefíernan, Schenek and Foster, JJ.

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