Claim of Bergman v. Mergenthaler Linotype Co.

Appellate Division of the Supreme Court of New York

Claim of Bergman v. Mergenthaler Linotype Co.

263 A.D. 911, 32 N.Y.S.2d 213, 1942 N.Y. App. Div. LEXIS 7339

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 14, 1942

StatusPublished

This text of 263 A.D. 911 (Claim of Bergman v. Mergenthaler Linotype Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Bergman v. Mergenthaler Linotype Co., 263 A.D. 911, 32 N.Y.S.2d 213, 1942 N.Y. App. Div. LEXIS 7339 (N.Y. Ct. App. 1942).

Pincite

Opinion

Decision reversed in the interest of justice. There is testimony to the effect that there was no causal relation, but it seems incredible in view of the undisputed evidence that decedent was in perfect physical condition prior to February, 1925, when he suffered this accident, and that in May, 1925, when he returned to work, an X-ray disclosed a markedly enlarged heart and a second X-ray taken in 1930 indicated progressive enlargement of the heart. The photographs taken following the autopsy confirmed the X-rays, and indicate a continuity of progression from the injury up to the time of death. Decision reversed, with costs, and matter remitted to the Industrial Board for further consideration. Hill, P. J., Bliss, Heffernan and Sehenek, JJ., concur; Crapser, J., dissents.

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Decision reversed in the interest of justice. There is testimony to the effect that there was no causal relation, but it seems incredible in view of the undisputed evidence that decedent was in perfect physical condition prior to February, 1925, when he suffered this accident, and that in May, 1925, when he returned to work, an X-ray disclosed a markedly enlarged heart and a second X-ray taken in 1930 indicated progressive enlargement of the heart. The photographs taken following the autopsy confirmed the X-rays, and indicate a continuity of progression from the injury up to the time of death. Decision reversed, with costs, and matter remitted to the Industrial Board for further consideration. Hill, P. J., Bliss, Heffernan and Sehenek, JJ., concur; Crapser, J., dissents.

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Bluebook (online)

263 A.D. 911, 32 N.Y.S.2d 213, 1942 N.Y. App. Div. LEXIS 7339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-bergman-v-mergenthaler-linotype-co-nyappdiv-1942.