MATTER OF BELL v. ROSENBLUM


276 A.D. 1047 (1950)

In the Matter of the Claim of Maude J. Bell, Respondent, v. W. Raymond Rosenblum et al., Appellants. Workmen's Compensation Board, Respondent

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

March 17, 1950.


There was no eye-witness proof as to the happening of the accident which occasioned the death of the deceased employee. The auto delivery truck, operated by deceased during his working hours and customarily operated by him in the regular course of his employment, collided with a tree in an area where the course of decedent's employment occasionally brought him. The presumption (Workmen's Compensation Law, § 21) was not, legally, overcome by appellants' proofs, and there...

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