MATTER OF LAHEY v. DUSO AUTO PARTS, INC.


29 A.D.2d 1035 (1968)

In the Matter of the Claim of Stella Lahey, Respondent, v. Duso Auto Parts, Incorporated, et al., Appellants. Workmen's Compensation Board, Respondent

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

April 29, 1968


GABRIELLI, J.

The deceased employee was employed as a truck driver in the delivery of packaged auto parts. While making deliveries on a Friday it began to rain in the afternoon and when he returned home that evening he was "soaking wet". He became ill, developed pleurisy with lobar pneumonia and died two days later. The board, in reversing the decision of the Referee, found that death resulted from "an accidental injury arising out of and in the course...

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