Claim of Miller v. F. A. Bartlett Tree Expert Co.

3 N.Y.2d 654 (1958)

In the Matter of the Claim of Frank Miller, Respondent,

v.

F. A. Bartlett Tree Expert Co. et al., Appellants, et al., Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Argued October 14, 1957.

Decided January 24, 1958.

Charles P. Barre for appellants.

Arthur B. Ewig for Frank Miller, respondent.

Chief Judge CONWAY and Judges DESMOND, FULD and FROESSEL concur with Judge DYE; Judge VAN VOORHIS dissents in an opinion in which Judge BURKE concurs.

DYE, J.

This is a compensation case. The issue is a narrow one, namely, whether claimant's…