Majority
p. 537In the Matter of the Claim of Jessie Smith against MacArthur Brothers Company et al., Appellants. State Industrial Board, Respondent. (Argued February 28, 1922; decided March 14, 1922.)
Headnote
Workmen’s Compensation Law ■—death of employee through being caught by machine ■—- dependency of mother.Smith v. Mac Arthur Brothers Co., 199 App. Div. 943 , affirmed.
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 16, 1921, affirming an award of the state industrial commission made under the Workmen’s Com
p. 538
pensation Law. Claimant’s son, while in the employ of MacArthur Brothers Company, was caught in a machine and from the injuries received died. Objection to an award for his death was based upon the ground that there was no sufficient evidence of dependency.
Charles Stockdell Cray and William, Butler for appellants.
Charles D. Newton, Attorney-General (E. C. Aiken of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: Hogan, Pound, Crane and Andrews, JJ. Dissenting: His cock, Ch. J., and McLaughlin, J. Absent: Cardozo, J.