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MATTER OF MYERS v. TUTTLE

278 A.D. 543 (1951)

In the Matter of the Claim of Audrey Myers, on Behalf of Herself and a Minor Child, Respondent, v. Sam Tuttle, Doing Business as Liberty Machine Co., et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

September 19, 1951.

Attorney(s) appearing for the Case

Louis L. O'Brien for appellants.

Deckelman and Schadt for claimant-respondent.

Nathaniel L. Goldstein, Attorney-General (Daniel Polansky and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.

BERGAN, J.

In the course of his employment Robert D. Myers was killed in 1948 while operating a crane. The question presented by the appeal is whether there is substantial evidence upon which the Workmen's Compensation Board could find, as it has, that the claimant is his widow.

Claimant testified that on November 17, 1947, she and the decedent, both then residents of New York, joined in a ceremonial...

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