Appellate Division of the Supreme Court of New York, 1951

Claim of Sykes v. Hens & Kelly Co.

Claim of Sykes v. Hens & Kelly Co.
Appellate Division of the Supreme Court of New York · Decided May 16, 1951
278 A.D. 881; 104 N.Y.S.2d 276; 1951 N.Y. App. Div. LEXIS 5047
Claim of Sykes v. Hens & Kelly Co.

Opinion of the Court

Appeal by claimant from a decision of the Workmen’s Compensation Board which denied her compensation as death benefits. Whether claimant’s husband’s fatal accident arose out of and in the course of his employment was a close question of fact under the circumstances shown. We may not say as a matter of law that the decision is without evidentiary support. Decision unanimously affirmed, without costs. Present — Heffeman, J. P., Brewster, Deyo, Bergan and Coon, JJ.

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