MATTER OF REICHEL v. STOKOL SALES OF NEW YORK


282 A.D. 903 (1953)

In the Matter of the Claim of Margaret Reichel, Respondent, v. Stokol Sales of New York et al., Appellants. Workmen's Compensation Board, Respondent

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

October 16, 1953.


The question raised is whether the death of the decedent was solely due to intoxication while on duty, within the meaning of section 10 of the Workmen's Compensation Law and section 18 of article I of the New York State Constitution. The decedent, a pipefitter's helper, was returning to the employer's premises from a plumbing job, with fellow employees in the employer's truck. The truck had an open stake body with a tarpaulin cover over the stakes. There was no tailboard...

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