Opinion
Argued October 6, 1938
Decided October 25, 1938
Appeal from the Supreme Court, Appellate Division, Third Department.
Sydney Weitzer for appellants.
Nathan H. Elman for claimant, respondent.
Order of Appellate Division reversed and award of State Industrial Board affirmed, with costs in this court and in the Appellate Division. There was substantial evidence sufficient to create a question of fact as to the cause of death. The decision of the State Industrial Board was, therefore, final. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ. Dissenting: RIPPEY, J.