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MATTER OF McKENNA v. ATLAS EQUIP. CORP.

300 N.Y. 317 (1950)

In the Matter of the Claim of Theresa A. McKenna, Claimant, v. Atlas Contractors Equipment Corp. et al., Respondents. Workmen's Compensation Board, Appellant.

Court of Appeals of the State of New York.

Decided January 12, 1950

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy, Wendell P. Brown and Roy Wiedersum of counsel), for appellant.

Charles P. Barre for respondents.

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

Per Curiam.

There was evidence to support the conclusions of the Workmen's Compensation Board, first, that the fire originated from a source separate and apart from the employee; second, that, since that was so, there was no question but that the death arose out of and in the course of the employment; and, third, that the employer and carrier had failed to establish that the...

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