MATTER OF JAMPOLSKI v. ASHLEY MUSIC SUPPLY CO.


277 A.D. 329 (1950)

In the Matter of the Claim of Albert Jampolski, Respondent, v. Ashley Music Supply Co. et al., Appellants Workmen's Compensation Board, Respondent

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

September 21, 1950.


Attorney(s) appearing for the Case

Roger Haskell for appellants.

Nathaniel L. Goldstein, Attorney-General (Roy Wiedersum and Daniel Polansky, of counsel), for Workmen's Compensation Board, respondent.

Matthew M. Levy for claimant-respondent.

FOSTER, P. J., BREWSTER, DEYO and COON, JJ., concur.


BERGAN, J.

Claimant was employed as a messenger by a music publishing firm. He was at that time seventy-seven years old. He testified that on May 7, 1947, while carrying a bundle of music to his employer's office he fell on stairs entering a subway station; that he phoned his employer, whose manager sent a taxi for him, and that the next day he went to a hospital for treatment.

He had sustained a fracture...

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