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MATTER OF NEWTON v. COUNTY OF ERIE

7 A.D.2d 29 (1958)

In the Matter of the Claim of Maxwell Newton, Respondent, v. County of Erie, Appellant. Workmen's Compensation Board, Respondent

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

December 2, 1958.

Attorney(s) appearing for the Case

Frank C. Roberts and Emil L. Cohen for appellant.

Maxwell Newton, claimant-respondent in person.

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

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

HERLIHY, J.

Claimant, 63 years of age, on January 23, 1956 was the head keeper at the Erie County Penitentiary and has been similarly employed by the same employer for approximately 30 years. While walking in one of the corridors of the institution with a person on each side of him he "went down and that's all". In his claim for compensation he stated with reference to the happening of the accident "Walking in corridor

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