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MATTER OF BARRETT v. AL CHARYN, INC.

13 A.D.2d 863 (1961)

In the Matter of the Claim of Victoria Barrett, Respondent, v. Al Charyn, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

May 9, 1961

Decedent died in his employer's panel truck from asphyxia by carbon monoxide resulting from his use of a charcoal-burning heater improvised from two cans. A partly consumed bottle of wine was found under his body and tests following autopsy disclosed 0.35% alcohol in his brain. Appellants contend, first, that decedent's accidental death, while resting during his lunch hour, was the result of a personal act performed in disobedience...

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