Opinion
Argued April 18, 1933
Decided May 23, 1933
Appeal from the Supreme Court, Appellate Division, Third Department.
John H. Waters, Francis R. Stark and Ralph H. Overbaugh for appellant.
John J. Bennett, Jr., Attorney-General ( John R. O'Hanlon of counsel), for State Industrial Board, respondent.
Order of the Appellate Division and award of the State Industrial Board reversed and claim dismissed, with costs in all courts against the State Industrial Board, on the ground that there is no evidence that the employment exposed employee to the risk of injury which he voluntarily assumed. No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN and CROUCH, JJ. Not sitting: HUBBS, J.