Summary
In Matter of Landrum v. Congress Motor Corp. (301 N.Y. 544) in which the award was upheld, there was no proof that the deceased employee who was shown to be intoxicated was the driver of the vehicle; and in Matter of Grabusch v. Western Beer Corp. (263 A.D. 1027), which was also a vehicle case, intoxication was not relied on as a cause of the accident, but as some proof of deviation from employment.
Summary of this case from Matter of Shannon v. American Can Co.Opinion
Argued April 14, 1950
Decided May 18, 1950
Appeal from the Supreme Court, Appellate Division, Third Department.
Ralph S. Stoewell and Joseph D. Edwards for appellants.
Nathaniel L. Goldstein, Attorney-General ( Daniel Polansky, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.
Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.