Opinion
September 28, 1949.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ.
This is an appeal by an employer and its insurance carrier from an award of death benefits in favor of a widow and the two minor children of Charles M. Landrum, the deceased employee. The employer was engaged in the automobile business in New York City and employed the decedent as a driver. His duties required him to operate a jeep which he used for the purpose of towing vehicles. The board found that on March 25, 1946, while the decedent was engaged in the regular course of his employment and while returning from New Jersey where he had been sent on his employer's business, the car which he was operating came in contact with the curb of the highway and decedent was thrown to the street with the result that he sustained fatal injuries. The board found that decedent's death resulted from accidental injuries which arose out of and in the course of his employment. The appellants contend that decedent's death resulted from intoxication. The evidence sustains the determination. Award unanimously affirmed, with costs to the Workmen's Compensation Board.