
    In the Matter of the Claim of Savillia Smith, Respondent, v. H. J. Bartle Manufacturing Corporation et al., Appellants. State Industrial Commission, Respondent.
    
      Smith v. Bartle Mfg. Corp., 189 App. Div. 426, affirmed.
    (Argued February 24, 1920;
    decided March 9, 1920.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 25, 1919, affirming an award of the State Industrial Commission made under the Workmen’s Compensation Law. Claimant’s son was found crushed between an elevator and the floor in premises adjoining those in which he was employed but connected therewith by doors. The question raised by the insurance carrier was that the accident did not arise out of the employment for the reason that the deceased employee used an elevator not belonging to the leased premises of his employer. There was testimony to the effect that the elevator in question was frequently used by decedent and his co-employees in the course of their employment.
    
      Neile F. Towner for appellants.
    
      John F. Murray and William H. Murray for claimant, respondent.
    
      Charles D. Newton, Attorney-General (E. C. Aiken of counsel), for State Industrial Commission, respondent.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Collin, Hogan, Pound, McLaughlin, Andrews and Élkus, JJ.  