MATTER OF PEPLOE v. BURNS BROS.


281 A.D. 134 (1952)

In the Matter of the Claim of Emma Peploe, Respondent, v. Burns Bros., Appellant Workmen's Compensation Board, Respondent

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

December 30, 1952.


Attorney(s) appearing for the Case

A. Harold Frost and Bernard Jenkin for appellant.

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

Lewis C. Leighton for claimant-respondent.

BREWSTER, BERGAN and HALPERN, JJ., concur.


FOSTER, P. J.

This is an appeal from an award of death benefits made by the Workmen's Compensation Board to the widow of a deceased workman.

Decedent worked as a yardman for self-insured employers who were in the coal business. Just before the incident he had been engaged in loading a truck. The coal was kept in pockets, some forty feet high, and when a truck was to be loaded a chute was opened over the...

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