Bailey v. School District No. 5

Hasbrouck, J. (concurring):

This is an appeal from an award of the State Industrial Board made to the widow of William Bailey, deceased, for his death.

William Bailey, employed as janitor of school district No. 5, town of Leicester, N. Y., was killed by an accident September 12, 1921. The trustees had employed one Frank Fellers to dig a well on the premises. During the course of the excavation for the well, Bailey walked from the schoolhouse over to the well and while looking into it a workman lighted a cigarette and caused such an explosion of the gas in the well as to blow Bailey into the…