MATTER OF WETTERAUW v. JAPAN AIRLINES


14 A.D.2d 638 (1961)

In the Matter of the Claim of Joan Wetterauw, Respondent, v. Japan Airlines et al., Appellants. Workmen's Compensation Board, Respondent

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

August 1, 1961


Decedent was an outside worker and was killed by a subway train at the 42nd Street station of the Eighth Avenue Line on July 21, 1958. The board has allowed an award for death benefits based on a finding of accident. Its decision states: "The Board finds that a reasonable inference can be drawn that decedent was rushing to catch the train, slipped, losing his balance and falling to the tracks. There was no motivation or suicidal tendency." In our view of the record there...

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