MATTER OF MALLOY v. CAULDWELL WINGATE CO.


284 A.D. 798 (1954)

In the Matter of the Claim of Anna Malloy, Respondent, v. Cauldwell Wingate Co. et al., Appellants Workmen's Compensation Board, Respondent

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

November 24, 1954.


Attorney(s) appearing for the Case

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

Emma A. Grippa for claimant-respondent.

Nathaniel L. Goldstein, Attorney-General (Harry Pastor and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., COON and IMRIE, JJ., concur with BERGAN, J.; HALPERN, J., dissents in a memorandum.


BERGAN, J.

Decedent was employed as a night watchman on a building project. His post was at the entrance to the project from the public sidewalk and his duty required him to stay at the entrance or a short distance from the entrance on the sidewalk.

He had no duties inside the building, but there is proof in the record that if he became aware of any disturbance in the building he might go into the building and investigate it; and there seems a...

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