Opinion
Submitted May 20, 1941
Decided June 12, 1941
Appeal from the Supreme Court, Appellate Division, Third Department.
Herbert F. Hastings, Jr., and F.G. Mann for appellants.
John J. Bennett, Jr., Attorney-General ( John F. Loehr of counsel), for State Industrial Board, respondent.
Order affirmed, with costs; no opinion.
Concur: FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. LEHMAN, Ch. J., and LOUGHRAN, J., dissent on the ground that the accident did not arise out of and in the course of claimant's employment.