In horseplay which began by throwing water in employer's factory, a fellow employee threw gasoline, which he mistook for water, on Wallace Montpetit. The gasoline ignited, causing Montpetit's death. The record suggests that Montpetit initiated or took part in the initiation of the horseplay. Since Matter of Industrial Comr. (Siguin) v. McCarthy (295 N.Y. 443), at least, this alone will not defeat the claim. There is evidence, including the testimony of employer's foreman...
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