Claim of Powers v. Scully (225 A.D. 714, 1928)

Award as to the United States Fidelity and Guaranty Company, carrier, reversed, and claim dismissed, with costs against the State Industrial Board, on the authority of Matter of Pettit v. Reges (242 N. Y. 272); and also upon the ground the injury was received while claimant was engaged in the construction of a sewer, which employment was excluded by the terms of the policy. Van Kirk, P. J., Hinman, Davis, Hill and Hasbrouck, JJ., concur.