Claim of Graffe v. Art Color Printing Co. 229 N.Y. 627

In the Matter of the Claim of Anna Graffe, Respondent, against Art Color Printing Company et al., Appellants. State Industrial Commission, Respondent.

Workmen’s Compensation Law — absence of direct evidence as to cause of accident.

Graffe v. Art Color Printing Co., 191 App. Div. 669, affirmed.

(Argued October 4, 1920;

decided October 19, 1920.)

Appeal, by permission, from an order of the Appellate Division of the. Supreme Court in the third judicial department, entered May 17, 1920, unanimously affirming an award of the state industrial commission made under the 'Workmen’s Compensation Law. Claimant’s husband, an employee of defendant printing company, was found lying on his back on the concrete floor unconscious. He was taken to the hospital and died in a few hours. There was evidence that his skull was fractured. There was no direct evidence to how the accident' happened, but there was evidence of conditions, such ¿s absence of light, grease on the floor, obstructions and noxious odors and gases which might have caused the decedent to fall. The Appellate Division held that such evidence was sufficient to sustain the award.

William H. Foster and James B. Henney for appellants.

Charles D. Newton, Attorney-General (E. C. Aiken of counsel), for respondent.