MATTER OF COMM'R OF TAXATION & FIN. v. PIERSHIP PROTECTIVE CORP.


277 A.D. 956 (1950)

In the Matter of the Claim of The Commissioner of Taxation and Finance Arising Out of the Death of Bernard A. Hosey, Respondent, v. Piership Protective Corporation et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 20, 1950.


Decedent was employed as a ship's guard or watchman by the employer and assigned to duty at Pier 2, Brooklyn, New York. On October 4, 1946, at about 4:45 A.M., decedent fell into the water and was drowned. When last seen alive he was attempting to get on one of the ships which he was supposed to guard, and was forced off by a coemployee because the latter believed the decedent to be intoxicated. The actual accident which resulted in decedent's death by drowning was unwitnessed...

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