MATTER OF KLEID v. CARR BROS.


300 N.Y. 270 (1949)

In the Matter of the Claim of Leah Kleid, Respondent, v. Carr Brothers et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided December 29, 1949


Attorney(s) appearing for the Case

Philip J. Caputo for appellants.

Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ., concur.


Per Curiam.

Since this unwitnessed accident took place during working hours in a place where Kleid's work commonly took him, the section 21 presumption justified the board's finding that the accident arose out of and in the course of employment, even though Kleid's presence at the exact spot was unexplained (Matter of Department of Taxation & Finance v. Cohen, 298 N.Y. 825; Matter of Welz v. Markel Service, 296 N.Y. 640; Matter of Mayer v. Faber Pencil Co., 274 App. Div. 1079, motion for leave to appeal denied 298 N.Y. 935; Matter of Boehm v. Sokol Hall Holding Corp., 274 App. Div. 954, motion for leave to appeal denied 298 N.Y. 931; Matter of Wolmetz v. Woll, 272 App. Div. 982, motion for leave to appeal denied 297 N.Y. 1042).

Furthermore, employer-appellant's first report of injury, filed with the board, contained an admission that Kleid was working at his regular occupation when injured, which admission was competent evidence of that fact (Matter of Bollard v. Engel, 278 N.Y. 463).

The order should be affirmed, with costs.

Order affirmed.


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