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MATTER OF PASQUEL v. COVERLY

4 N.Y.2d 28 (1958)

In the Matter of the Claim of Marie Pasquel, Respondent, v. D. C. Coverly et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1958.

Attorney(s) appearing for the Case

William F. Fischer, Jr., and John J. Duggan for appellants.

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

Judges DESMOND, FULD, FROESSEL and BURKE concur with Judge VAN VOORHIS; Chief Judge CONWAY dissents in an opinion in which Judge DYE concurs.

VAN VOORHIS, J.

The sole issue on this appeal is whether decedent's death resulted from accidental injuries sustained while engaged in the regular course of his employment and arising out of such employment. Appellants contend that the determination of the board is without support in fact or law and that decedent did not sustain an accident which arose out of and in the course of his employment.

The facts...

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