Majority
Deceased was a night taxicab operator in New York city. On September 15, 1933, at about ñve-thirty p. m., he left his employer’s place of business, with a cab, to engage in his regular occupation. No witness sworn saw him alive thereafter. About noon the next day the cab was found on Fifty-fourth street, near the East river. Five days later his body was found in the river at Fifty-ninth street. Two wallets, found in his pockets, contained no money. A ring which he had worn was missing. It was an unwitnessed accident. The Board applied the doctrine of Matter of Norris v. N. Y. C. R. R. Co. ( 246 N. Y. 307 ). Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.
Cases cited
- Claim of Norris v. New York Central Railroad 246 N. Y. 307 p. 659