Claim of Kelly v. New York City Transit Authority

The Appellate Division properly held that there was here insufficient evidence to overcome the presumption that the killing of claimant’s decedent during the course of his employment arose out of that employment (Workmen’s Compensation Law, § 21), and correctly reversed the decision of the Workmen’s Compensation Board disallowing the claim for death benefits. We reach this conclusion, however, for reasons other than those on which the majority in the Appellate Division appears to have relied.

In the early morning hours of April 15, 1968, Samuel Kelly, the decedent, on completion of a trip as…