Majority
p. 831In the Matter of the Claim of Margaret M. Roberts, Respondent, against Ætna Casualty and Surety Company and Ætna Life Insurance Company, Appellants. State Industrial Board, Respondent.
Award affirmed, with costs to the State Industrial Board, on the authority of Matter of Norris v. N. Y. C. R. R. Co. ( 246 N. Y. 307 ). Van Kirk, P. J., Hinman and Hill, JJ., concur; Davis and Whitmyer, JJ., dissent and vote for reversal and to remit to the State Industrial Board on the ground that the evidence is insufficient to establish that the accident arose out of and in the course of the employment.
Cases cited
- Claim of Norris v. New York Central Railroad 246 N. Y. 307 p. 831