MTR. OF MORNINGSTAR v. CORNING BAKING


6 A.D.2d 128 (1958)

In the Matter of the Claim of George H. Morningstar, Respondent, v. Corning Baking Co., Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

July 3, 1958.


Attorney(s) appearing for the Case

Samuel Schub, Milton Pfeffer and Allen Redlich for appellants.

Louis J. Lefkowitz, Attorney-General (Gilbert M. Landy and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

Teeter, Harpending, Fox & Swartwood for claimant-respondent.

BERGAN, J. P., GIBSON and REYNOLDS, JJ., concur.


HERLIHY, J.

The appellants contend that the injuries suffered by the claimant did not occur in the course of or arise out of his employment.

The parties hereto have entered into a stipulated set of facts set forth in detail in the record on appeal, the substance thereof being briefly as follows: The claimant was employed by the employer on January 19, 1956, the date of the injuries. His work was to handle...

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