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MATTER OF BERNADINE v. NATIONAL TRANSPORTATION CO

Appellate Division of the Supreme Court of New York, Third Department.
Sep 22, 1943

Appeal upon a shortened record upon stipulation that only questions of coverage and whether the injury arose out of and in the course of the employment are involved. Respondent, a taxi driver, was injured while attempting to stop a runaway police horse loose in the street upon which he was driving. The Industrial Board has found causal relation, one ground therefor being that the runaway was a "potential menace to the employer's property". The evidence justifies the inference and finding. Award unanimously affirmed, with costs to the State Industrial Board. All concur.