MATTER OF DE MARIA v. PERSICO BROS.


280 A.D. 904 (1952)

In the Matter of The Claim of Frances De Maria, Respondent, v. Persico Brothers et al., Appellants. Workmen's Compensation Board, Respondent

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

September 24, 1952.


Decedent was killed on July 16, 1948, in a collision between a Galion gasoline roller which he was then operating and an automobile. The accident happened on Henrietta Street in the city of Amsterdam where the alleged employer was engaged in resurfacing and repairing a street. Appellant contends that the deceased was not an employee of the alleged employer. We think the evidence was such that the board could in the exercise of its factual powers draw the inference that decedent...

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