Majority
p. 796In the Matter of the Claim of Jean B. Post, Respondent, v. Tennessee Products & Chemical Corp. et al., Appellants. Workmen’s Compensation Board, Respondent. Argued April 30, 1964; decided June 4, 1964.
p. 798
F. Walter Bliss for appellants.
Louis J. Lefkowitz, Attorney-General (Julius Fell, Ruth Kessler Toch and Daniel Polansky of counsel), for Workmen’s Compensation Board, respondent.
No appearance for claimant-respondent.
Order affirmed, with costs to respondent Workmen’s Compensation Board. No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld and Burke. Judges Van Voorhis and Scileppi dissent and vote to reverse and to dismiss the claim upon the ground that as a matter of law decedent met his death solely as a result of intoxication. Taking no part: Judge Bregan.