MATTER OF ZIMMERMAN v. COMET CONTAINER CORP.


4 A.D.2d 724 (1957)

In the Matter of the Claim of Carrie Zimmerman, Appellant, v. Comet Container Corp. et al., Respondents. Workmen's Compensation Board, Respondent

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

June 13, 1957


Decedent died as a result of a stab wound inflicted by a coworker on the employer's premises. There was testimony to the effect that decedent had been drinking whiskey at the plant prior to the incident and thereafter began to abuse the assailant, a coworker, until the latter pulled out a knife and stabbed the decedent in the chest. The board found that the decedent did not sustain an accident arising out of and in the course of his employment. This finding was factual and...

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