MATTER OF GAURIN v. BAGLEY SEWALL COMPANY, N.Y., Judgment, Law, casemine.com

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Attorney(S)

Lewis C. Ryan for
Nathaniel L. Goldstein, Attorney-General ( Roy Wiedersum, Wendell P. Brown
Daniel Polansky of counsel), for

Judges

Per Curiam.

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In the Matter of the Claim of BEULAH GAURIN, on Behalf of Herself, as Widow, and Dependent Minor Children, on Account of the Death of GERALD G. GAURIN, Respondent, against BAGLEY SEWALL COMPANY et al., Appellants. WORKMEN'S COMPENSATION BOARD, Respondent.

Per Curiam.

There is no evidence in this record that the death of claimant's decedent arose out of and in the course of his employment (see Matter of Frost v. Franklin Mfg. Co., 204 App. Div. 700, affd. 236 N.Y. 649; cf. Matter of Industrial Comr. [ Siguin] v. McCarthy, 295 N.Y. 443, 447). Order of Appellate Division and award of the Workmen's Compensation Board reversed, with costs against the board in this court and in the Appellate Division and the claim dismissed.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ., concur.

Ordered accordingly.

MATTER OF GAURIN v. BAGLEY SEWALL COMPANY

In the Matter of the Claim of BEULAH GAURIN, on Behalf of Herself, as Widow, and Dependent Minor Children, on Account of the Death of GERALD G. GAURIN, Respondent, against BAGLEY SEWALL COMPANY et al., Appellants. WORKMEN'S COMPENSATION BOARD, Respondent.

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