O'Rourke v. Standard Wood Turning Co.

Kiley, J.:

It was conceded upon the hearing by the attorney for° the appellants that the employer came under group 17 of section 2 of the Workmen’s Compensation Law (as amd. by Laws of 1917, chap. 705) as it existed at the time of the accident which was June 9, 1921. It was proved beyond cavil, both by report of the employer and by evidence, that John J. O’Rourke, the husband of the incompetent, was an engineer of this company, and operated the engine that was the motive power for the work of the employer. *659It was proved and not controverted that he suffered a fracture of the skull when he was…