Legal Opinion · Dissent

Matter of Lanphier v. Air Preheater Corp.

New York Court of Appeals

Decided July 7, 1938Published

1DissentFinch, J.

In view of the finding of the State Industrial Board that the death of the husband of claimant resulted from an accidental injury in the course of his employment, based upon the evidence and the reasonable inferences therefrom, the award should be affirmed.

It is true that decedent had been working on a reconditioning job; but the evidence is that all these preheaters had been reconditioned, and all the fires started, when a breakdown occurred in the fire box of the boiler in the nature of an explosion or bursting of a tube, which threw the fan of one of the preheaters out of alignment,…

2Cases cited4 opinions

  1. Matter of Hocke v. Emdee Management CorporationNew York Court of Appeals · 1935
  2. Claim of Hocke v. Emdee Management Corp.Appellate Division of the Supreme Court of the State of New York · 1935
  3. Claims of Robbins v. Enterprise Oil Co.Appellate Division of the Supreme Court of the State of New York · 1937
  4. Matter of Robbins v. Enterprise Oil Co., Inc.New York Court of Appeals · 1938

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