MATTER OF BURRIS v. LEWIS


2 N.Y.2d 323 (1957)

In the Matter of the Claim of Lulu Burris, Respondent, v. William P. Lewis et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1957.


Attorney(s) appearing for the Case

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

Jacob K. Javits, Attorney-General (Carl Madonick, James O. Moore, Jr., and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

DESMOND, FULD and BURKE, JJ., concur with VAN VOORHIS, J.; DYE, J., dissents in an opinion in which CONWAY, Ch. J., and FROESSEL, J., concur.


VAN VOORHIS, J.

Claimant's son worked for appellant employer a total of five nonconsecutive days in May, 1952. He was engaged in assembling wooden frames to serve as moulds for a concrete cellar wall to be poured in the construction of a house. At 4:30 in the afternoon of May 22d, while placing or being about to place some tools or other articles on a truck, he collapsed and died from heart failure. His mother...

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