Opinion
Argued April 23, 1962
Decided May 17, 1962
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Leon Freedman for appellant.
F. Walter Bliss for Japan Airlines and another, respondents.
No appearance for Workmen's Compensation Board, respondent.
Order reversed, with costs in this court and in the Appellate Division, and the award of the Workmen's Compensation Board reinstated, upon the ground that the record presented an issue of fact as to suicide or accident. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD and FOSTER. Judges FROESSEL, VAN VOORHIS and BURKE dissent and vote to affirm and to dismiss the claim for the reasons stated in the decision at the Appellate Division.