Opinion
Argued January 11, 1926
Decided January 22, 1926
Appeal from the Supreme Court, Appellate Division, Third Department.
Albert Ottinger, Attorney-General ( E.C. Aiken of counsel), for appellant.
Richard F. Weeks and Frederick Mellor for respondents.
Order of Appellate Division reversed and award of State Industrial Board affirmed, with costs in this court and Appellate Division on authority of Heitz v. Ruppert ( 218 N.Y. 148); Knocks v. Metal Packing Co. ( 231 N.Y. 78), and Rydeen v. Monarch Furniture Co. ( 240 N.Y. 295).
Concur: CARDOZO, POUND, CRANE and LEHMAN, JJ. Dissenting: HISCOCK, Ch. J., McLAUGHLIN and ANDREWS, JJ.