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MATTER OF ANN RUSHFORTH v. ART LANDSCAPING CO.

37 A.D.2d 885 (1971)

In the Matter of the Claim of Ann Rushforth, Respondent, v. Art Landscaping Company et al., Appellants. Workmen's Compensation Board, Respondent

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

October 27, 1971

On December 12, 1966, Arthur Rushforth, the president of the employer, Art Landscaping Co., Inc., was fatally injured when a truck in which he was hauling wine, collided with a train in Maspeth, New York. The issues involved are whether decedent was an employee of Art Landscaping Co., Inc., at the time of the accident and whether the accident arose out of and in the course of employment. The board found "that the decedent was employed by Art Landscaping Co., Inc., and that...

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