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MTR. OF MILLER v. BARTLETT TREE EXPERT CO.

3 N.Y.2d 654 (1958)

In the Matter of the Claim of Frank Miller, Respondent, v. F. A. Bartlett Tree Expert Co. et al., Appellants, et al., Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided January 24, 1958.

Attorney(s) appearing for the Case

Charles P. Barre for appellants.

Arthur B. Ewig for Frank Miller, respondent.

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

DYE, J.

This is a compensation case. The issue is a narrow one, namely, whether claimant's injuries were causally connected with his employment or the result of a personal act.

The undisputed proof establishes that at the time of the accident the employer was engaged in the business of tree surgery and that it employed the claimant as its sales representative and...

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