MATTER OF HUGHES v. ACME STEEL & MALLEABLE IRON WORKS


11 A.D.2d 563 (1960)

In the Matter of the Claim of Preston Hughes, Respondent, v. Acme Steel & Malleable Iron Works, Appellant. Workmen's Compensation Board, Respondent

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

May 5, 1960


The board found that while approaching a drinking fountain upon a platform four inches high, claimant stumbled on a piece of coke and fell backward off the platform and to the floor, striking his head upon the floor and sustaining severe brain injuries. The board found, further, that the fall "was not due to any pathology, internal or pre-existing condition." Appellant contends that there was no substantial evidence that claimant stumbled over a piece of coke; that the fall...

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