Opinion
September 20, 1950.
Appeal from Workmen's Compensation Law.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ.
Decedent was employed as a ship's guard or watchman by the employer and assigned to duty at Pier 2, Brooklyn, New York. On October 4, 1946, at about 4:45 A.M., decedent fell into the water and was drowned. When last seen alive he was attempting to get on one of the ships which he was supposed to guard, and was forced off by a coemployee because the latter believed the decedent to be intoxicated. The actual accident which resulted in decedent's death by drowning was unwitnessed. The board held that decedent was engaged in the regular course of his employment at the time he met his death. We think the evidence sustains the finding of the board in view of the fact that decedent was actually within the precinct of his employment during a period he was supposed to be on duty. Award unanimously affirmed, with costs to the Workmen's Compensation Board.