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MTR. OF McINTOSH v. HAUSERMAN CO.

12 A.D.2d 406 (1961)

In the Matter of the Claim of Marion McIntosh, Respondent, v. E. F. Hauserman Co. et al., Appellants. Workmen's Compensation Board, Respondent

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

March 6, 1961.

Attorney(s) appearing for the Case

Williams, Williams, Volgenau & Tisdall (Paul D. Williams of counsel), for appellants.

Lipsitz, Green & Fahringer for claimant-respondent.

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

BERGAN, P. J., and COON, J., concur with HERLIHY, J.; REYNOLDS, J., dissents, in a memorandum, in which GIBSON, J., concurs.

HERLIHY, J.

The decedent on April 9, 1954, was 42 years of age and while working as a carpenter and in the act of climbing a ladder received an electric shock and was thrown to the ground. He received multiple injuries including a fractured skull and a subdural hematoma in the frontal and parietal region of the brain which necessitated a craniotomy on April 19, 1954. Thereafter he suffered from loss of speech...

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