Matter of Madura v. . City of New York

Hiscock, Ch. J.

The findings of fact unanimously affirmed are to the effect that while the decedent, Madura, was in the employment of the city of New York as a laborer upon the Bronx Parkway a thunder storm arose; that being directed by his foreman to remain until after the storm in order to perform various duties he sought shelter under a tree, no other provision for shelter having been made by the employer, and that while standing there with his foreman he was struck by lightning and killed. Under these circumstances the State Industrial Board has found that his death was the result of…