
    In the Matter of the Claim of Anthony Swihura against Alexander Horowitz, Respondent. State Industrial Board, Appellant.
    
      Workmen’s compensation— master and servant — ■ claim dismissed when at time of accident claimant was engaged in an illegal employment.
    
    
      Swihura v. Horowitz, 215 App. Div. 740, affirmed.
    (Argued January 19, 1926;
    decided February 24, 1926.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 10, 1925, reversing an award of the State Industrial Board, made under the Workmen’s Compensation Law, and dismissing the claim. Claimant testified that he was employed by defendant to deliver barrels and cases containing liquor and beer and that while riding in an automobile in the performance of his duties he was injured. The Appellate Division dismissed the claim on the ground that it appeared by claimant’s own testimony that at the time of the accident he was engaged in an illegal employment.
    
      Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for appellant.
    
      Sydney D. Robins and Samuel W. Levine for respondent.
   Order affirmed, with costs against State Industrial Board; no opinion.

Concur: His cock, Ch. J., Pound, McLaughlin, Crane, Andrews and Lehman, JJ. Absent: Cardozo, J.  