MTR. OF MENGELE v. LIEBMANN BREWERIES


13 A.D.2d 195 (1961)

In the Matter of the Claim of Mary Mengele, Respondent, v. Liebmann Breweries, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

May 23, 1961.


Attorney(s) appearing for the Case

Bernard F. Farley for appellants.

Israel, Adler & Ronca for claimant-respondent.

Louis J. Lefkowitz, Attorney-General (John J. Quinn and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

COON, J. P., GIBSON and REYNOLDS, JJ., concur; HERLIHY, J., concurs in following memorandum.


TAYLOR, J.

Employer and its insurance carrier appeal from an award of the Workmen's Compensation Board, one member dissenting, which granted death benefits to the widow of a deceased brewery employee. Appellants contend that the fall which resulted in the employee's death did not arise out of and in the course of his employment, was suicidal and not accidental.

The employer's plant consisted of two buildings...

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