Appellate Division of the Supreme Court of the State of New York November 14, 1917 (Claims of Kackel v. Serviss)

Woodward, J.:

An award has been made to the claimant, the remarried widow of Norman J. Wesley, and two minor children, by the State Industrial Commission, and the appellants urge *55before this court that the relation of employer and employee did not exist between Scott Serviss and Wesley, and we are of the opinion that this contention must be held to be sound, notwithstanding the conclusions of