180 A.D. 130 | N.Y. App. Div. | 1917
The conclusions of fact made by the Commission are to the effect that on the 23d day of February, 1917, William Manor was employed by Alfred Pennington; that the latter was a general contractor, with an office for the transaction of business at Plattsburgh; that the employer, at the time of the accident resulting in the death of claimant’s intestate, “ had a contract for some construction work on the main and second floods of a garage in Plattsburgh, same being the property of Hannan & Henry Garage Co., and William Manor was working on that job.” The conclusion continues: “ On said date William Manor and three other men at the noon hour went down to the boiler room to eat their dinner. The boiler room was in the cellar of the garage and at about 12:50 p. m., and just before the men were ready to go upstairs to continue with their work for the afternoon, the boiler exploded and William Manor thereby received burns from which he died the same day.” Upon this basis of fact the State Industrial Commission has made rulings of law holding that the case comes within the provisions of the Workmen’s Compensation Law, and that the claimant, decedent’s father, is entitled to an award during his dependency.
How can it be said that this accident was one “ arising out of and in the course of his employment? ” (Consol.
The award should be reversed.
All concurred, except Kellogg, P. J., and Lyon, J., who dissented.
Award reversed and claim dismissed.