
    In the Matter of the Claim of Sarah Barath et al., Respondents, against Arnold Paint Company et al., Appellants. State Industrial Board, Respondent.
    
      Workmen’s compensation ■ — ■ master and servant —■ fall of scaffold —• sufficiency of evidence to warrant finding that injury was result of accident arising out of and, in course of employment.
    
    
      Barath v. Arnold Paint Co., 190 App. Div. 886, affirmed.
    (Argued June 2, 1924;
    decided July 5, 1924.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 21, 1919, unanimously affirming an award of the State Industrial Board made under the Workmen’s Compensation Law. The testimony showed that at about two-thirty p. m., while decedent, a painter in the employ of defendant Arnold Paint Company, and two other men were standing on a scaffold in the performance of their work the joint of the horse broke and they fell to the.floor, a distance of about five feet. About five o’clock on the same day as the deceased employee was stepping down from the scaffold he again fell to the floor, a distance of aboht five feet. It was testified that medical 'examination disclosed a fracture of the base of the skull. Appellant contended that there was no evidence that the injury was the result of an accident arising out of and in the course of his employment.
    
      Neile F. Towner for appellants.
    
      Carl Sherman, Attorney-General (E. C. Aiken of counsel), for respondents.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.  