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Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of Mrs. J. HOSPERS for Compensation under the Workmen's Compensation Law for the Death of HENRY P. HOSPERS, Respondent, v. J. HUNGERFORD-SMITH COMPANY, Employer, and THE TRAVELERS INSURANCE COMPANY, Insurance Carrier, Appellants.

Award affirmed on the authority of Matter of Klein v. Stoller Cook Co. ( 220 N.Y. 670); Matter of Fitzpatrick v. Blackall Baldwin Co. (Id. 671), and Jenkins v. Hogan Sons, Inc. ( 177 App. Div. 36), it having been found that the contract of employment was made in the year 1914. All concur, except John M. Kellogg, P.J., dissenting on the authority of Matter of Smith v. Heine Boiler Co. ( 224 N.Y. 9) and Matter of Gardner v. Horseheads Construction Co. ( 171 App. Div. 66).

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MATTER OF HOSPERS v. J. HUNGERFORD-SMITH COMPANY
(Nov 1, 1920)