The question presented is whether his death was due solely to intoxication. (Workmen's Compensation Law, § 10; N. Y. Const., art. I, § 18.) At about 1:40 P.M., on December 28, 1957 decedent was killed when an automobile which he was operating in a general northerly direction swerved toward and off the opposite side of Route 9 in the Village of Champlain, New York, and continued to the brink of a steep embankment over which it catapulted and came to rest in the center...
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