Claim of Carbone v. Loft — 219 N.Y. 579

Majority

p. 579

In the Matter of the Claim of Louis Carbone, Respondent, against George W. Loft et al., Appellants. State Industrial Commission, Respondent.

Headnote

Matter of Carbone v. Loft, 174 App. Div. 901 , affirmed.

(Argued October 9, 1916;

decided October 24, 1916.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 5, 1916, which affirmed an award of the state industrial commission under the Workmen’s Compensation Law. Claimant while employed in a factory became involved in a verbal exchange of insulting language with a fellow-employee, as a result of which the latter violently assaulted claimant three-quarters of an hour later. In defending himself from the assault claimant sustained injuries.

p. 580

Edward P. Mowton for appellants.

Egburt E. Woodbury, Attorney-General (E. C. Aiken of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Hisoock, Chase, Collin, Ouddebaok and Oardozo, JJ. Not voting: Hogan, J.