(Download) "Matter Claim Joan Wetterauw v. Japan Airlines Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Joan Wetterauw v. Japan Airlines Et Al.
- Author : Supreme Court of New York
- Release Date : January 01, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Appeal from a decision and award of the Workmen's Compensation Board. Decedent was an outside worker and was killed by a subway train at the 42nd Street station of the Eighth Avenue Line on July 21, 1958. The board has allowed an award for death benefits based on a finding of accident. Its decision states: ""The Board finds that a reasonable inference can be drawn that decedent was rushing to catch the train, slipped, losing his balance and falling to the tracks. There was no motivation or suicidal tendency."" In our view of the record there is no substantial evidence giving any support to the inference of accident drawn by the board. The proof supporting suicide is the only proof in the record and destroys the presumption that would otherwise exist against suicide. There were two witnesses to the accident, the motorman of the train and a woman standing nearby. The motorman describing ""the manner in which his body projected itself from the platform in front of