Legal Opinion

Matter of Gaurin v. Bagley Sewall Company

New York Court of Appeals

Decided June 11, 1948PublishedCited by 13 opinions

1Per curiam

There is no evidence in this record that the death of claimant’s decedent arose out of and in the course of his employment (see Matter of Frost v. Franklin Mfg. Co., 204 Div. 700, affd. 236 N. Y. 649; cf. Matter of Industrial Comr. [Siguin] v. McCarthy, 295 N. Y. 443, 447). Order of Appellate Division and award of the Workmen’s Compensation Board reversed, with costs against the board in this court and in the Appellate Division and the claim dismissed.

Loughran, Ch. J., Lewis, CoNway, Desmond, Thachee, Dye and Fuld, JJ., concur.

Ordered accordingly. [See 298 N. Y. 619.]

2Cases cited2 opinions

  1. Matter of Industrial Comr. (Siguin) v. McCarthyNew York Court of Appeals · 1946
  2. Matter of Frost v. . H.H. Franklin Manufacturing CompanyNew York Court of Appeals · 1923

3Cited by13 opinions

  1. Matter of Wilson v. General Motors Corp.New York Court of Appeals · 1949
  2. Matter of Ognibene v. Rochester Manufacturing Co.New York Court of Appeals · 1948
  3. Claim of Burns v. Merritt Engineering Co.New York Court of Appeals · 1951
  4. Bouchard v. HE Sargent, Inc.Supreme Judicial Court of Maine · 1956
  5. Claim of Gibbs v. Orange County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 1989

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