Maillat v. Village of Marcellus

Henry E. Maillat, a 75-year-old widower, worked as a night watchman for defendant village of Marcellus. About 10 p. m. on December 13, 1947, he was found unconscious in front of the Marcellus Lumber Company. There was ice on the cement walk where he was lying. He was taken to the hospital and died. within a few hours. An autopsy disclosed a fracture at the base of the skull and a massive cerebral hemorrhage.

*372Defendant village filed a report with the compensation commission on December 17, 1947, stating:

“How did it occur? No witnesses, it is presumed he fell backwards off the steps of the…