Majority
p. 511In the Matter of the Claim of Beulah Gaurin, on Behalf of Herself, as Widow, and Dependent Minor Children, on Account of the Death of Geeald G. Gaurin, Respondent, against Bagley & Sewall Company et al., Appellants. Workmen’s Compensation Board, Respondent. Argued May 20, 1948; decided June 11, 1948.
p. 512
Lewis C. Ryan for appellants.
Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum, Wendell P. Broivn and Daniel Polcmshy of counsel), for respondent.
There is no evidence in this record that the death of claimant’s decedent arose out of and in the course of his employment (see Matter of Frost v. Franklin Mfg. Co., 204 Div. 700, affd. 236 N. Y. 649 ; cf. Matter of Industrial Comr. [Siguin] v. McCarthy, 295 N. Y. 443 , 447). Order of Appellate Division and award of the Workmen’s Compensation Board reversed, with costs against the board in this court and in the Appellate Division and the claim dismissed.
Loughran, Ch. J., Lewis, CoNway, Desmond, Thachee, Dye and Fuld, JJ., concur.
Ordered accordingly. [See 298 N. Y. 619 .]
Cases cited
- Claims of Industrial Commissioner v. McCarthy 295 N. Y. 443 at 447 p. 512
- Dixon v. New York Trap Rock Corp. 298 N. Y. 619 p. 512