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MATTER OF GRAHAM v. NASSAU & SUFFOLK LIGHTING CO.

308 N.Y. 140 (1954)

In the Matter of the Claim of Marion K. Graham, Appellant, v. Nassau & Suffolk Lighting Company et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1954

Attorney(s) appearing for the Case

Walter F. Forster for appellant.

Robert N. Van Benthuysen for Nassau & Suffolk Lighting Company and another, respondents.

CONWAY, DESMOND and FROESSEL, JJ., concur with DYE, J.; LEWIS, Ch. J., FULD and VAN VOORHIS, JJ., dissent and vote to affirm upon the opinion of IMRIE, J., in the Appellate Division.

DYE, J.

The issue presented by this compensation appeal turns on whether the deceased employee, Edward Graham, met his death in the course of his employment by accident as found by the Workmen's Compensation Board or by suicide as found by the Appellate Division, Third Department. Causation is a question of fact as to which the decision of the board shall be final (Workmen's Compensation Law, § 20) and it...

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