Opinion
Argued April 21, 1955
Decided June 2, 1955
Appeal from the Supreme Court, Appellate Division, Third Department.
Charles P. Barre for appellants.
Jacob K. Javits, Attorney-General ( Harry Pastor, Henry S. Manley and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.
Order of the Appellate Division reversed and award of the Workmen's Compensation Board annulled, with costs in this court and in the Appellate Division against the Workmen's Compensation Board, and the claim dismissed upon the ground that there is an absence of substantial evidence to establish an industrial accident. No opinion.
Concur: DESMOND, FULD, VAN VOORHIS and BURKE, JJ. CONWAY, Ch. J., DYE and FROESSEL, JJ., dissent and vote to affirm.