MATTER OF SHANNON v. AM. CAN CO.


278 A.D. 546 (1951)

In the Matter of the Claim of Alice Shannon, on Behalf of Herself and Minor Children, Respondent, v. American Can Company, Appellant. Workmen's Compensation Board, Respondent

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

September 19, 1951.


Attorney(s) appearing for the Case

Charles P. Barre for appellant.

T. A. Quinn for claimant-respondent.

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

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


BERGAN, J.

The sweeping, and negative, presumption of the New York statute that an industrial accident does "not result solely" from intoxication has not yet been tested on appeal in its application to a clear-cut case of the drunken driver of a vehicle. This appeal brings up such a case.

The decedent, driving a heavy tractor-trailer truck, made a left turn from 23rd Street northerly into 3rd Avenue in...

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