MTR. OF MEACHEM v. NEW YORK CENT. R. R.


8 N.Y.2d 293 (1960)

In the Matter of the Claim of Clarissa Meachem, Appellant, v. New York Central Railroad Company, Respondent. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1960.


Attorney(s) appearing for the Case

John E. Knauf and David Wanger for appellant.

David S. Williams for New York Central Railroad Company, respondent.

No appearance for Workmen's Compensation Board, respondent.

Judges DYE, FULD and BURKE concur with Chief Judge DESMOND; Judge FROESSEL dissents in an opinion in which Judge VAN VOORHIS concurs; Judge FOSTER taking no part.


Chief Judge DESMOND.

In this workmen's compensation proceeding the board awarded death benefits to claimant widow and her child, on findings that the death of the employee John D. Meachem on May 9, 1948 was the result of accidental injuries which were sustained by him on November 7, 1945 in the course of his employment by respondent railroad company. The Appellate Division, however, reversed the award and dismissed...

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