Opinion
Submitted January 8, 1941
Decided January 23, 1941
Appeal from the Supreme Court, Appellate Division, Third Department.
Frank L. Ward for appellants.
John J. Bennett, Jr., Attorney-General ( Roy Wiedersum, Joseph A. McLaughlin and Isaac Frank of counsel), for State Industrial Board, respondent.
Order of Appellate Division and award of State Industrial Board reversed and claim dismissed, with costs in this court and in the Appellate Division against the State Industrial Board on the ground the accident did not arise out of and in the course of the claimant's employment. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, LEWIS and DESMOND, JJ. Dissenting: RIPPEY and CONWAY, JJ.