MATTER OF MAY v. ACCIDENT & CAS. INS. CO.


276 A.D. 1043 (1950)

In the Matter of the Claim of Irene May, Respondent, v. Accident and Casualty Insurance Company, Appellant, and Lillian May et al., Respondents. Workmen's Compensation Board, Respondent

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

March 15, 1950.


Claimant's husband was employed as a fire tender in a tavern. He was found at the foot of the cellar steps at the place of employment suffering from a fractured skull from which he died. The accident was unwitnessed. Autopsy showed 34/100ths per cent of alcohol in the brain, which produces intoxication, "impaired senses, disturbed equilibrium, staggering gait". There is other evidence the decedent was drinking, but the statute denies compensation only when the accident is...

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