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MATTER OF GAWRYS v. BUFFALO BOLT CO.

302 N.Y. 312 (1951)

In the Matter of the Claim of Bernard M. Gawrys, Respondent, v. Buffalo Bolt Company, Appellant, and American Motorists Insurance Company, Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided April 12, 1951

Attorney(s) appearing for the Case

Edward L. Robinson, William M. Fay and Solon J. Stone for appellant.

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

FULD, J.

Acknowledging that its employee was entitled to regular compensation, the employer in this workmen's compensation case questions only its liability to an award for double compensation.

Claimant was employed as a "feeder" on a gimlet pointer machine in a factory at North Tonawanda, New York. He stood in front of, and on the right of, the machine feeding blank bolts into it at a point on its top...

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