Summary
In Matter of McKenna v. Atlas Contrs. Equip. Corp., (300 N.Y. 317) the board apparently found that the fire did not originate in the bed of McKenna and the court found that there was substantial evidence in the record to support the conclusion.
Summary of this case from Matter of Burton v. Broadcast Music, Inc.Opinion
Argued January 5, 1950
Decided January 12, 1950
Appeal from the Supreme Court, Appellate Division, Third Department.
Nathaniel L. Goldstein, Attorney-General ( Gilbert M. Landy, Wendell P. Brown and Roy Wiedersum of counsel), for appellant.
Charles P. Barre for respondents.
There was evidence to support the conclusions of the Workmen's Compensation Board, first, that the fire originated from a source separate and apart from the employee; second, that, since that was so, there was no question but that the death arose out of and in the course of the employment; and, third, that the employer and carrier had failed to establish that the injury and the ensuing death were "solely occasioned by intoxication of the * * * employee" (Workmen's Compensation Law, §§ 10, 21, subd. 4). We pass upon no other question.
The order of the Appellate Division should be reversed and the award of the Workmen's Compensation Board affirmed, with costs in this court and in the Appellate Division.
LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.
Order reversed, etc.