Opinion
September 17, 1947.
Appeal from Workmen's Compensation Board.
The deceased employee was struck and killed by lightning while on his employer's premises and enroute to his place of work. ( Matter of Ross v. Howieson, 232 N.Y. 604.) It cannot be gainsaid but that decedent's employment exposed him to the hazard which was his undoing, and in such a case as the evidence here presents, that characterizes the fatal accident as one arising out of the employment. ( Matter of Hughes v. St. Patrick's Cathedral, 245 N.Y. 201; Matter of Giovine v. United Hebrew Cemetery, 263 App. Div. 772, motion for leave to appeal denied, 287 N.Y. 854; Matter of Many v. Bradford, 242 App. Div. 741, affd. 266 N.Y. 558; Matter of Pierce v. Young, 225 App. Div. 838, affd. 252 N.Y. 520; Matter of Cummings v. Bruce and Drake, 231 App. Div. 775; Matter of Tanner v. Tobacco Trade Journal Co., 252 App. Div. 708.) Award affirmed, with costs to the Workmen's Compensation Board. All concur.