From Casetext: Smarter Legal Research

Matter of Gowing v. Brownville Board Company

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1947
271 App. Div. 940 (N.Y. App. Div. 1947)

Opinion

January 14, 1947.


There is lack of clarity in the proof, particularly in view of the continued disability of decedent from the injury on November 28, 1932, to the time of his death. The findings as to the happening of November 28th are equivocal. The findings contain other inconsistent statements. The matter should be remitted to the Workmen's Compensation Board. Decision reversed, on the law, and matter remitted to the Workmen's Compensation Board for reconsideration and for the taking of such additional proof as either party may offer, without costs. Heffernan, Brewster, Foster and Russell, JJ., concur; Hill, P.J., dissents.


Summaries of

Matter of Gowing v. Brownville Board Company

Appellate Division of the Supreme Court of New York, Third Department
Jan 14, 1947
271 App. Div. 940 (N.Y. App. Div. 1947)
Case details for

Matter of Gowing v. Brownville Board Company

Case Details

Full title:In the Matter of the Claim of MRS. LILLIE GOWING, Appellant, against…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 14, 1947

Citations

271 App. Div. 940 (N.Y. App. Div. 1947)