Summary
In Bollard the board found the incident compensable and the Court of Appeals in reversing the Appellate Division merely affirmed the factual findings of the board.
Summary of this case from Matter of Markowitz v. Mack Markowitz, Inc.Opinion
Argued October 6, 1938
Decided October 18, 1938
Appeal from the Supreme Court, Appellate Division, Third Department.
James O. Moore and R.K. Humphrey for appellant.
John J. Bennett, Jr., Attorney-General ( Roy Wiedersum of counsel), for State Industrial Board, respondent. Noel S. Symons for claimant, respondent.
We think the evidence warranted the finding that the employment was not interrupted while the deceased was returning from supper on the occasion in question. (Cf. Matter of Johnson v. Smith, 263 N.Y. 10; Matter of Goldman v. John Hancock Mut. Life Ins. Co., 276 N.Y. 582.) The employer's first report of injury was not without probative force merely because it was not made upon personal knowledge ( Gangi v. Fradus, 227 N.Y. 452, 456, 457).
The order should be affirmed, with costs.
CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ., concur.
Order affirmed.