Majority
p. 636In the Matter of the Claim of Angelina Sorge, Respondent, v. Aldebaran Company et al., Appellants. (Argued April 12, 1916; decided May 2, 1916.)
Headnote
Matter of Sorge v. Aldebaran Co., 171 App. Div. 959 , affirmed.Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1915, which affirmed an award of the state workmen’s compensation commission.The said commission found that the petitioner’s husband,
p. 637
while in the employ of defendant Aldebaran Company, . fell into a cellar and received injuries causing his death. The only disputed question is as to whether the accident arose out of the employment as well as in the course of it.
John N. Carlisle and Alfred W. Andrews for appellants.
Egburt E. Woodbury, Attorney-General (E. C. Aiken of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: Willard Bartlett,. Ch. J., Hiscock, Collin, Cuddeback, Hogan, Seabury and Pound, JJ.