
    Rosanna Woods et al., Respondents, v. Tupper Lake Chemical Company et al., Appellants. State Industrial Commission, Respondent.
    (Argued October 4, 1917;
    decided October 23, 1917.)
    
      Woods v. Tupper Lake Chemical Co., 178 App. Div. 942, affirmed.
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 15, 1917, affirming an award of the state industrial commission under the Workmen’s Compensation Law. The Tupper Lake Chemical Company is a corporation engaged in the business of manufacturing wood alcohol, acetate of lime and charcoal and in its business operated steel retorts or ovens. While the husband of claimant was in the plant of the chemical company on March 4, 1916, to weld retort No. 2, retort No. 3 exploded while he was passing it, killing him instantly. The defendants contended that deceased was not ah employee of the company but was a member of a firm which had contracted to do certain work for it and that the deceased was killed while in the performance of that work.
    
      P. C. Dugan for appellants.
    
      Merton E. Lewis, Attorney-General (E. C. Aiken of counsel) for respondents.
   Order affirmed, with costs; no opinion.

Concur: Chase, Collin, Hogan and Crane, JJ.; Dissenting: Hiscock, Ch. J., Cardozo and McLaughlin, JJ.  