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MATTER OF McSWAIN v. GOEBEL

7 A.D.2d 677 (1958)

In the Matter of the Claim of Anna McSwain on Behalf of Herself and Stepchildren, Respondent, v. Edward L. Goebel et al., Appellants. Workmen's Compensation Board, Respondent

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

November 10, 1958

Decedent's body was found on a concrete platform from which the cows were fed hay, the body being directly beneath the aperture through which the hay was tossed. On the platform, which was customarily swept several times a day, there was hay, to the depth of about four inches, beneath his body. The coemployee who customarily fed hay from this loft had not done that work on the afternoon in question, prior to decedent's death. Although...

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