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MATTER OF HUGHES v. COVERT MANUFACTURING COMPANY

Appellate Division of the Supreme Court of New York, Third Department.
Nov 20, 1946

Decedent was found dead, asphyxiated by gas, in his place of employment. The evidence is that his body was found within, or partly within a large bake oven, in his employer's japanning plant, to which its supply of gas had been partially turned on. The evidence and allowable inferences therefrom were such as to support the findings that appellants' proofs failed to overcome the statutory presumption against suicide (Workmen's Compensation Law, ยง 21), and that the death was causally related to the employment. Decision and award affirmed, with costs to claimant and the Workmen's Compensation Board. All concur.