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MATTER OF GARDNER v. BAYONNE STEEL CO., INC.

282 A.D. 904 (1953)

In the Matter of the Claim of Charles Gardner, for Himself and on His Death by Addie G. Murphy, Respondent, v. Bayonne Steel Company, Inc., 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 latter, aged sixty, was a foreman and shipping clerk in the employer's sheet metal business at Long Island City. It appears that carload shipments of sheet metal were received by the employer at somewhat irregular intervals, once or twice a month. As foreman decedent superintended the unloading of the cars. Testimony indicates that it was not his regular practice to handle the metal sheets during the unloading unless it was a...

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