Hyperlawhypertext legal database Claim of Daly v. United States Trucking Co. 221 A.D. 808

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Claim of Daly v. United States Trucking Co.

221 A.D. 808 Court N.Y. App. Div. English

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p. 808
In the Matter of the Claim of Anna Daly, Respondent, against United States Trucking Company, Appellant. State Industrial Board, Respondent.

Headnote

Workmen’s compensation — deceased employee fell from truck — no evidence to show cause of fall — accident did not arise out of employment.
Appeal from an award of the State Industrial Board, made on June 22, 1925.

Assuming that the deceased employee was not intoxicated there is no explanation of what caused him to fall from the truck, nor any evidence that the accident arose out of the employment. Cochrane, P. J., Van Kirk, McCann, Davis and Whitmyer, JJ., concur. Award reversed and claim dismissed, with costs against the State Industrial Board.