New York Court of Appeals, 1948

Matter of Gaurin v. Bagley Sewall Company

New York Court of Appeals · Decided June 11, 1948 · Loughran, Lewis, Conway, Desmond, Thachee, Dye, Fuld

80 N.E.2d 660; 298 N.Y. 511; 1948 N.Y. LEXIS 1110 (North Eastern Reporter, Second Series)

Opinion of the Court

Per Curiam.

There is no evidence in this record that the death of claimant’s decedent arose out of and in the course of his employment (see Matter of Frost v. Franklin Mfg. Co., 204 Div. 700, affd. 236 N. Y. 649; cf. Matter of Industrial Comr. [Siguin] v. McCarthy, 295 N. Y. 443, 447). Order of Appellate Division and award of the Workmen’s Compensation Board reversed, with costs against the board in this court and in the Appellate Division and the claim dismissed.

Loughran, Ch. J., Lewis, CoNway, Desmond, Thachee, Dye and Fuld, JJ., concur.

Ordered accordingly. [See 298 N. Y. 619.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.