MATTER OF BEALER v. TOWN OF AMHERST


278 A.D. 993 (1951)

In the Matter of the Claim of Margaret Bealer, Respondent, v. Town of Amherst et al., Appellants. Workmen's Compensation Board, Respondent

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

June 29, 1951.


The sole issue is whether decedent's death resulted from an industrial accident. Decedent was employed as a laborer by the Town of Amherst. On the day of his death he was assisting in cleaning sewers, which necessitated pulling slats attached to a cable through the sewer by means of a manually operated winch, or dragging a bucket through the sewer by the same means. While actually engaged in turning a crank on the winch, decedent felt a numbness in his arm, and shortly thereafter...

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