261 A.D. 1012 | N.Y. App. Div. | 1941
This is an appeal by the employer and insurance carrier from an award of compensation for death benefits made by the claimant pursuant to the Workmen’s Compensation Law. The deceased was a watchman upon a derrick anchored near a sea wall which was being reconditioned at the time for the purpose of constructing a highway on top of it. He was a watchman employed on Derrick No. 11 anchored off 79th street in the borough of Brooklyn. He came upon the derrick on Saturday night November 12, 1938, and was to remain there until Monday morning. His duty was to keep up steam and to look after the derrick and to take care of any emergency that might occur. He came on in a row boat and after arriving at the derrick with his working clothes and food he took the two men who had been operating the derrick to shore and returned to the derrick at around ten o’clock at night. He was seen on the derrick at ten o’clock at night and when the superintendent called to him he answered and said that everything was O. K. He was missing the next morning and the