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Claim of Skeens v. L. F. Hicks Trucking Co.

20 A.D.2d 594 Court N.Y. App. Div. Decision date 1963-12-20 English

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p. 594
In the Matter of the Claim of Edna Skeens, Appellant, v. L. F. Hicks Trucking Company et al., Respondents. Workmen’s Compensation Board, Respondent.

Upon remittal after the prior appeal ( 15 A D 2d 694 ), the board found, in substance, that the cohabitation in Iowa was not with a present intent and agreement to establish a marriage. Intent is usually a matter of inference and always one for purely factual evaluation and determination and hence within the province of the board, whose finding upon this record cannot be disturbed. Decision unanimously affirmed, without costs. Present — Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ.

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