App. Div.]

Third Department, November, 1920.

on the ground that as a matter of discretion and not as matter of right the default should be excused. All concur; Kiley, J., in result.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law, of PASQUALE LALLOS, Respondent, V. TERMINAL BARBER SHOPS, INC., Employer, Appellant.- Award reversed and claim dismissed on the ground that there is no proof that the injury complained of resulted from an accident arising out of and in the course of employment. All concur.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of THOMAS EGAN, Father, and MARGARET EGAN, Mother, Respondents, under the Workmen's Compensation Law, for the Death of HONORA EGAN, Deceased, v. Taggart BROTHERS COMPANY, Employer, and UTICA MUTUAL INSURANCE COMPANY, Insurance Carrier, Appellants.Award modified by striking out the provision that the compensation due the deceased's mother be paid to her husband, and in other respects unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of EMMA MILLARD, Respondent, for Compensation to Herself under the Workmen's Compensation Law, v. WILLIAM ELLSWORTH and MARYLAND CASUALTY COMPANY, Appellants.- Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation Made by PERFETTI COSMO, on Behalf of Herself and Son, Respondent, under the Workmen's Compensation Law, for the Death of PHILIP COSMO, V. THE NEW YORK CENTRAL RAILROAD COMPANY, Employer and Self-Insurer, Appellant.- Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law, Made by HELEN CANFIELD, Respondent, v. J. P. BAUMANN & SONS, Employer, and ALLIED MUTUALS LIABILITY INSURANCE COMPANY, Insurance Carrier, Appellants.— Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of JOHN MONAHAN, Respondent, for Compensation under the Workmen's Compensation Law, v. THOMAS J. DENNIS, Employer, and UNITED STATES CASUALTY COMPANY, Insurance Carrier, Appellants.Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of HENRY WOHLEBEN, Respondent, for Compensation under the Workmen's Compensation Law, v. FLYNN BROTHERS, Employer, and UNITED STATES CASUALTY COMPANY, Insurance Carrier, Appellants.Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of ISADORE PALLEY, Respondent, for Compensation under the Workmen's Compensation Law, v. THE MENDLESON CORPORATION, Employer, and THE TRAVELERS INSURANCE COMPANY, Insurance Carrier, Appellants. Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of

Third Department, November, 1920.

[Vol. 194. the Claim of VINCENT BOTTEGA, Respondent, for Compensation under the Workmen's Compensation Law, v. WHITE FIREPROOF CONSTRUCTION COMPANY, Employer, and THE TRAVELERS INSURANCE COMPANY, Insurance Carrier, Appellants.- Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law Made by RICHARD J. ZIMMER, Respondent, v. CHARLES L. SEABURY & COMPANY, Employer, and the UNITED STATES FIDELITY AND GUARANTY COMPANY, Insurance Carrier, Appellants.—Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of JAMES E. DEPREE, Respondent, for Compensation to Himself under the Workmen's Compensation Law, v. INTERBOROUGH RAPID TRANSIT COMPANY, Employer and Self-Insurer, Appellant.-Award unanimously affirmed on the authority of Kowalek v. New York Consolidated R. R. Co. (190 App. Div. 160) and Matter of Littler v. Fuller Co. (223 N. Y. 369.) Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of IRVING FOX, Respondent, for Compensation under the Workmen's Compensation Law, v. W. R. OSTRANDER & COMPANY, Employer, and EMPLOYERS' LIABILITY ASSURANCE CORPORATION, LTD., Insurance Carrier, Appellants.-Award reversed and claim dismissed on the authority of Matter of Aylesworth v. Phænix Cheese Co. (170 App. Div. 34). All concur, except John M. Kellogg, P. J., dissenting.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of HAROLD STEVENS, Respondent, for Compensation under the Workmen's Compensation Law, v. CONNORIZED MUSIC COMPANY, Employer, and ÆTNA LIFE INSURANCE COMPANY, Insurance Carrier, Appellants.— Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law, Made by HYMAN WEINBERG, Respondent, v. EHRENBERG BRASS MANUFACTURING COMPANY, Employer, and UNITED STATES FIDELITY AND GUARANTY COMPANY, Insurance Carrier, Appellants.-Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of DORA T. MOSSBACH, Respondent, for Compensation under the Workmen's Compensation Law, for the Death of LEO J. MURPHY, V. THE BEACON HOLDING COMPANY, INC., Employer, and ETNA LIFE INSURANCE COMPANY, Insurance Carrier, Appellants.-Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of Mrs. A. HANNA, Respondent, for Compensation for Herself, under the Workmen's Compensation Law, v. J. H. PIERSON COMPANY, Employer, and MARYLAND CASUALTY COMPANY, Insurance Carrier, Appellants.-Award unanimously affirmed.

In the Matter of the Judicial Settlement of the Accounts of MARY L. MCKINNON, as Executrix, etc., of FRANK H. MCKINNON, Deceased, who was Administrator of the Estate of JAMES R. BAUMES, Deceased. MARY L. MCKINNON, Appellant; JULIUS E. HALL, Respondent.- Decree unanimously affirmed, with costs.

App. Div.]

Third Department, November, 1920.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of Mrs. NANCY L. RATHBONE, Respondent, for Compensation under the Workmen's Compensation Law, Claimed to Be Due GEORGE S. RATHBONE, Deceased, Her Husband, v. E. L. WHEELER, Employer, and ZURICH GENERAL ACCIDENT AND LIABILITY INSURANCE COMPANY, LTD., Insurance Carrier, Appellants.—Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of CHARLES F. HARMON, Respondent, for Compensation under the Workmen's Compensation Law, v. NATIONAL ICE AND COAL COMPANY, Employer, and ICE DEALERS' MUTUAL INSURANCE COMPANY, Insurance Carrier, Appellants.-Award unanimously affirmed.

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).

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of ALICE GORLE, Widow, Respondent, for Compensation under the Workmen's Compensation Law, for Herself and Minor Children, for the Death of HENRY GORLE, v. ALFRED E. JOY COMPANY, INC., Employer, and ETNA LIFE INSURANCE COMPANY, Insurance Carrier, Appellants.Award modified by striking out the compensation for the first fourteen days of disability, and as so modified affirmed. All concur, except John M. Kellogg, P. J., and Kiley, J., dissenting.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of ISRAEL FELDMAN, Respondent, for Compensation under the Workmen's Compensation Law, v. ELMONT CEMETERY, INC., Employer, Appellant.-Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of MABEL J. LUTZ, Respondent, for Compensation under the Workmen's Compensation Law, Claimed to Be Due WILLIAM A. Luzz, Her Husband, Deceased, v. THEO. P. HUFFMAN & Co., Employer, and ZURICH GENERAL ACCIDENT AND LIABILITY INSURANCE COMPANY, LTD., Insurance Carrier, Appellants.-Awards unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law of ANNA R. O'BRIEN, Widow, Respondent, for the Death of THOMAS S. O'BRIEN, Deceased, v. GREAT LAKES DREDGE AND DOCK COMPANY,

Third Department, November, 1920.

[Vol. 194. Employer, and GLOBE INDEMNITY COMPANY, Insurance Carrier, Appellants. Award unanimously affirmed.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of ORA L. GRAY, Widow, Respondent, for Compensation for Herself for the Death of ROBERT J. GRAY, under the Workmen's Compensation Law, V. SEMET-SOLVAY COMPANY, Employer and Self-Insurer, Appellant.— Award affirmed. All concur, except Kiley, J., dissenting.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of ALLAN WRIGHT, Respondent, for Compensation under the Workmen's Compensation Law, v. L. E. HARROWER, Employer, and AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Insurance Carrier, Appellants.-Award unanimously affirmed.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WINNE RADCLIFFE and Others, Appellants.- Judgment of conviction reversed, and new trial granted, on the ground of errors in the charge on the question of reasonable doubt. All concur.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD M. WILLI, Appellant.- Judgment of conviction unanimously affirmed.

THE PEOPLE OF THE STATE OF NEW YORK V. JOSEPH MALFITANO. R. D. WOOLSEY, Appellant; ANTONIO G. WALDO, Respondent.-Appeal dismissed on the ground that no appeal has been taken which presents a question for determination by this court.

ELIZA J. PELLS, Respondent, v. Carl KatzensteiN, Appellant. Judgment and order unanimously affirmed, with costs.

JOHN T. SHAW, Respondent, v. George GILBERT, Appellant.- Judgment unanimously affirmed, with costs.

SAMUEL SIMON, Appellant, v. JAMES O'DONOHUE, Respondent.- Judgment and order unanimously affirmed, with costs.

BARTHOLOMEW W. SCHERMERHORN, Respondent, V. SCHENECTADY TRUST COMPANY, as Executor and Trustee of and under the Last Will and Testament of E. NOTT SCHERMERHORN, Deceased, and Others, Appellants, Impleaded with BARTHOLOMEW W. SCHERMERHORN, as Trustee, etc., and AMELIA C. SCHERMERHORN, Appellants.- Interlocutory judgment unanimously affirmed, with costs, with leave to the appellants to serve an answer within twenty days on payment of such costs and of the costs contained in said interlocutory judgment.

JOHN STOUT, Respondent, v. C. HILTEBRANT DRY DOCK COMPANY, INC., Appellant.- Order unanimously affirmed, with costs.

JOSEPH I. STAHL, as Receiver of the Property of ISRAEL B. LEHRICH, Judgment Debtor, Respondent, v. ISRAEL B. LEHRICH and Others, Appellants.- Motion to dismiss appeal denied, without costs.

ROSE BERNSTEIN, as Sole Surviving Partner of the Firm of BERNSTEIN & KAPLAN, Respondent, v. WILLIAM A. JAMISON, Appellant, Impleaded with CATHERINE A. JAMISON and Others. Judgment unanimously affirme, with costs.

WILLIAM D. COMBS, Respondent. v. ALICE COMBS, Appellant.— Orde unanimously affirmed, with ten dollars costs and disbursements.

App. Div.]

Third Department, November, 1920.

ALFRED A. EDWARDS, as Trustee in Bankruptcy of FORT COVINGTON CREAMERY COMPANY, INC., Respondent, v. WILLIAM N. MACARTNEY and Others, Doing Business under the Firm Name and Style of the FORT CovINGTON BANKING COMPANY, Appellants.- Motion denied.

J. KARL GAYLORD, as Administrator, etc., of CLARA M. GAYLORD, Deceased, Respondent, v. WALKER D. HINES, Director-General of RAILROADS, Suecessor in Office to WILLIAM G. McADOO, Director-General of Railroads. NEW YORK, ONTARIO AND WESTERN RAILROAD COMPANY, Appellant.Judgment and order unanimously affirmed, with costs.

WALKER D. HINES, Director-General of Railroads, Appellant, v. JOSEPH YANKLOWITZ, Respondent.- Judgment and order unanimously affirmed, with costs.

HELEN E. HENNESSY, an Infant, by ELIZABETH F. HENNESSY, Her Guardian ad Litem, Respondent, v. WALTER STROUP, Appellant.- Judgment and order unanimously affirmed, with costs.

SILAS KOONTZ, Respondent, v. DUANESBURG WATER COMPANY, Appellant. Order unanimously affirmed, with ten dollars costs and disbursements. EDWARD J. LANCE, Respondent, v. C. E. MILTON EDWARDS, Appellant.― Judgment and order unanimously affirmed, with costs.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law Made by MIKE SKIBICKI, Appellant, v. J. P. DEVINE COMPANY, Employer, and THE TRAVELERS INSURANCE COMPANY, Insurance Carrier, Respondents. - Motion granted.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of ISADORE PALLEY, Respondent, for Compensation under the Workmen's Compensation Law, V. THE MENDLESON CORPORATION, Employer, and THE TRAVELERS INSURANCE COMPANY, Insurance Carrier, Appellants. Motion denied.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation Made by PERFETTI COSMO, Respondent, on Behalf of Herself and Son, under the Workmen's Compensation Law, for the Death of PHILIP COSMO, V. THE NEW YORK CENTRAL RAILROAD COMPANY, Employer and Self-Insurer, Appellant.- Motion denied.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim for Compensation under the Workmen's Compensation Law, Made by MARY HARTMAN and Others, Respondents, v. T. A. HENNESSY, INC., Employer, and NEW AMSTERDAM CASUALTY COMPANY, Insurance Carrier, Appellants. Motion denied.

Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim of LINA E. LANDAU, Respondent, for Compensation for Herself and for Her Daughter, ELLA LANDAU, under the Workmen's Compensation Law, for the Death of HERMAN LANDAU, V. HEYMAN EMBOSSING COMPANY and MARYLAND CASUALTY COMPANY, Appellants.--Award reversed, on the authority of Vassilakis v. Fairfax Hotel Co., Inc. [193 App. Div. 829], decided herewith, and matter remitted to the Commission. All concur, except John M. Kellogg, P. J., dissenting.