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MATTER OF HERMAN v. QUICK

281 A.D. 784 (1953)

In the Matter of the Claim of John C. Herman, Respondent, v. La Rue Quick et al., Appellants. Workmen's Compensation Board, Respondent

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

January 14, 1953.

Claimant is a carpenter. His son was a fellow employee. While engaged in work on September 20, 1951, claimant was struck by his son with a hammer. A short time before this the son had been released from a hospital for mental illness, and on the day of the assault he was recommitted there. The board has found on an adequate record that the claimant did not initiate the assault; that it was committed without provocation on his part...

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