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Claim of Atkins v. Julius Joelson Enterprise

232 A.D. 856 Court Third Department, English

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p. 856
Third Department,
March, 1931.
In the Matter of the Claim of Clara B. Atkins, Respondent, against Julius Joelson Enterprise and Another, Appellants. State Industrial Board, Respondent.

We find no evidence to support the finding that “ deceased was struck by a taxicab;” but disregarding this, we find sufficient evidence to sustain the award. (Matter of Westerman v. Equipment & Supply Co., Inc., 252 N. Y. 515 , affg. 226 App. Div. 711 ; Matter of Caninano v. Yellow Taxi Corp., 223 id. 804 ; afifd., 249 N. Y. 521 ; Matter of Norris v. N. Y. C. R. R. Co., 246 id. 307; Matter of Shearer v. Niagara Falls Power Co., 242 id. 70.) All concur. Award affirmed, with costs to the State Industrial Board.