Opinion
Argued November 17, 1931
Decided December 1, 1931
Appeal from the Supreme Court, Appellate Division, Third Department.
Roy P. Ohlin and Mason O. Damon for appellants.
John J. Bennett, Jr., Attorney-General ( Joseph A. McLaughlin of counsel), for respondent.
Order of the Appellate Division reversed and claim dismissed, with costs against the State Industrial Board in the Appellate Division and in this court on the ground that the evidence does not show that the death was due to an accident arising out of the employment; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.