MATTER OF PHILLIPS v. SPAULDING BAKERIES, INC.


17 A.D.2d 684 (1962)

In the Matter of the Claim of Edna G. Phillips, Respondent, v. Spaulding Bakeries, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

July 19, 1962


The board could properly find that the accident occurred within the time and space limits of decedent's employment, as was established by the testimony of the employer's plant manager, and, more particularly, that decedent went to the railroad siding in performance of a specific duty to cheek a car there. Thus there became operative the presumption of compensable accident and that against suicide. (Workmen's Compensation Law, § 21, subds. 1, 3.) The board was not required...

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