
    In the Matter of the Claim of Anthony Phillips, Respondent, against Holmes Express Company et al., Appellants. State Industrial Commission, Respondent.
    
      Workmen’s Compensation Law — rebreaking of previously fractured arm ■—■ when insurer at time of first breaking must bear entire liability.
    
    
      Phillips v. Holmes Express Co., 190 App. Div. 336, affirmed.
    (Argued April 15, 1920;
    decided May 4, 1920.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 3, 1920, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. Claimant, a chauffeur, received a fracture of the right forearm while cranking a motor car. An agreement was made to pay compensation for this accident. Some time thereafter claimant returned to work and while attempting to crank a car the fracture rebroke. After the first accident the policy of the .¿Etna Life Insurance Company expired and the Maryland Casualty Company was the insurer at the time of the second break. The question was as to which insurance carrier was fiable. The Appellate Division held that the latter injury was clearly the result of the former and that the first insurer should bear the entire liability.
    
      William H. Foster and James B. Henney for appellant.
    
      Charles D. Newton, Attorney-General (E. C. Aiken of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: His cock, Ch, J., Chase, Hogan, Cardozo, McLaughlin, Crane and Elkus, JJ.  