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Claim of Dowling v. Church E. Gates & Co.

227 A.D. 679 Court N.Y. App. Div. English

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p. 679
In the Matter of the Claim of James Dowling, Respondent, against Church E. Gates & Company and Another, Appellants. State Industrial Board, Respondent.[1]

—Award modified by reducing it to a loss of one hundred per cent of the right foot, and as so modified affirmed, without costs, on the authority of Matter of Stein v. Topol ( 217 App. Div. 797 ); Matter of Tannebaum v. Estate of Baudouine (218 id. 792); Matter of Murray v. Consolidated Telegraph & Elec. Subway Co. (221 id. 811). Van Kirk, P. J., Hinman and Whitmyer, JJ., concur; Davis and Hill, JJ., dissent as to the modification and vote for affirmance.