Claim of State Treasurer v. R. E. Sheehan Co.

Majority

p. 579

In the Matter of the Claim of State Treasurer, Respondent, v. R. E. Sheehan Company et al., Appellants.

Headnote

Workmen’s compensation ■— workman fatally injured in course of his employment — award to state treasurer where he leaves none surviving entitled to compensation.

Matter of State Treasurer v. Sheehan Co., 206 App. Div. 726 , affirmed.

(Submitted May 28, 1923;

decided June 12, 1923.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 8, 1923, unanimously affirming an award of the state industrial board made under the Workmen’s Compensation Law. An employee of defendant Sheehan Company was injured while in the performance of his duties through the overturning of a wagon he was driving and died as a result of such injury. He left him surviving no person entitled to compensation. An award was,

p. 580

therefore, made to the state treasurer under subdivisions 8 and 9 of the Workmen’s Compensation Law.

William H. Foster for appellants.

Carl Sherman, Attorney-General (E. C. Aiken of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, . McLaughlin, Crane and Andrews, JJ.