New York Court of Appeals
In the Matter of the Claim of Mary S. McCormack, against National City Bank of New York, Workmen's Compensation Board
July 11, 1951303 N.Y. 5
Summary
The New York Court of Appeals reversed the Workmen's Compensation Board's award to the decedent's dependents, holding that there was no substantial evidence of an industrial accident and that the statutory presumption under section 21 could not create an accident absent proof. The court affirmed the dismissal of the claim. Justice Conway and Justice Dye dissented, arguing the board's findings should be upheld.