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MATTER OF NOURSE v. BALLINA SAND & STONE CO.

2 A.D.2d 729 (1956)

In the Matter of the Claim of Mildred Nourse, Individually and as Executrix of The Estate of Rush Nourse, Deceased, Respondent, v. Ballina Sand & Stone Company et al., Appellants. Workmen's Compensation Board, Respondent

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

June 14, 1956

The sole issue arises upon appellants' contention that there was no evidence to support the board's finding as to the average weekly wages of decedent, a minor, considering "that under normal conditions his wages would be expected to increase". (Workmen's Compensation Law, § 14, subd. 5.) The accident and death occurred on July 30, 1924. Death benefits were awarded decedent's parents, each at $6.31 weekly, based on a finding on October 21, 1924 of an average weekly wage...

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