MATTER OF BURNS v. MERRITT ENG'G CO.


302 N.Y. 131 (1951)

In the Matter of the Claim of Martin K. Burns, Respondent, v. Merritt Engineering Co. et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided January 18, 1951


Attorney(s) appearing for the Case

Albert P. Thill and Merrill G. Windelberg for appellants.

Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

LOUGHRAN, Ch. J., CONWAY and FROESSEL, JJ., concur with DYE, J.; FULD, J., dissents in opinion in which LEWIS and DESMOND, JJ., concur.


DYE, J.

The sole question posed on this appeal is whether the claimant's disability for which he has been awarded workmen's compensation benefits arose out of his employment, there being no question that the incident giving rise to the injury occurred on the employer's premises during working hours.

The facts are these: At five minutes before quitting time on...

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