
    In the Matter of the Claim of Jeannette Aierlo against Isidore Haft et al., Respondents. The State Industrial Board, Appellant.
    
      Workmen’s compensation — master and servant — woman employee assaulted by ■ strange man in hall outside employer’s premises while returning from wash room — claim dismissed on ground injury did not arise out of employment.
    
    
      Matter of Aierlo v. Haft, 222 App. Div. 708, affirmed.
    (Argued February 14, 1928;
    decided March 27, 1928.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 4, 1928, reversing an award of the State Industrial Board made under the Workmen’s Compensation Law and dismissing the claim. The employer was a dress manufacturer, occupying part of the third floor of the premises at 106 West Thirty-second street, New York city. The claimant was employed as a sample-maker. On the day in question she left her work to go to the ladies’ room, which necessitated her going outside of the employer’s premises and into a public hall. While in the hall she was assaulted by a strange man. For the injury received she was awarded compensation by the State Industrial Board. The Appellate Division dismissed the claim on the ground that the accident did not arise out of the employment.
    
      Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for appellant.
    
      John 8. Breckinridge and William H. Hotchkiss for respondents.
   Order affirmed, with costs against State Industrial Board; no opinion.

Concur: Gardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.  