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MATTER OF DAVIS v. NEWSWEEK MAGAZINE

305 N.Y. 20 (1953)

In the Matter of the Claim of Gertrude Davis, Respondent, v. Newsweek Magazine et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided January 15, 1953

Attorney(s) appearing for the Case

Ralph S. Stowell and Joseph D. Edwards for appellants.

Nathaniel L. Goldstein, Attorney-General (Daniel Polansky, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

LOUGHRAN, Ch. J., LEWIS and FULD, JJ., concur with FROESSEL, J.; CONWAY, J., dissents in opinion in which DESMOND and DYE, JJ., concur.

FROESSEL, J.

Claimant is the widow of one Harry Davis, hereinafter called decedent. They were married on October 2, 1948, and had no children. On May 16, 1949, decedent, while at a vacation resort in Biloxi, Mississippi, came to his death as the result of diving in shallow water from the end of a long pier. His claimant widow was awarded compensation below. She remarried...

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