← Cases

Claim of Murray v. Consolidated Telegraph & Electrical Subway Co.

221 A.D. 811 Court N.Y. App. Div. English

Contents

Majority

p. 811
In the Matter of the Claim of William Atkinson Murray, Respondent, against Consolidated Telegraph and Electrical Subway Company, Appellant. State Industrial Board, Respondent.

Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, on the ground that there is no evidence to support the finding that claimant in the accident of February 29,1924, sustained a fracture of a bone in his right ankle. Furthermore, if an award is proper it should be limited to 205 weeks as for the loss of a foot. (See Matter of Stein v. Topol, 217 App. Div. 797 .) Cochrane, P. J., Van Kirk, Hinman, Davis and Whitmyer, JJ., concur.