Claim of Kelly v. New York City Transit Authority

Appeals from decisions of the Workmen’s Compensation Board, filed June 9, 1969 and May 1, 1970, which disallowed a claim for death benefits. In the early hours of April 15, 1968 Samuel Kelly, a motorman for the New York City Transit Authority, completed a trip and went into the crew room at the 95th Street Subway Station to rest before his next train. There were about 12 to 15 other employees who had similarly come to the crew room to relax and Kelly went to a bench at one side of the room, stretched out, and napped. About 4:35 a.m. another motorman, Henry Hathaway, entered the room, walked…