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MATTER OF PECORARO v. RUSSELL-MILLER MILLING CO.

9 A.D.2d 992 (1959)

In the Matter of the Claim of Eleanor Pecoraro, Appellant, v. Russell-Miller Milling Company et al., Respondents. Workmen's Compensation Board, Respondent

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

December 31, 1959

On September 24, 1956 the deceased employee was hit by a coemployee named Jones. He fell to the floor striking his head and died on September 29, 1956 as a result of the injuries then sustained. About two weeks prior to the incident Jones and another employee named Hamman had made a $5 bet during working hours and the decedent who happened to be standing nearby was made the stakeholder. Thereafter Jones and Hamman could not agree as to who had won the bet and the decedent...

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