Claim of Curley v. Greater New York Carpet House, Inc.

Appellate Division of the Supreme Court of New York

Claim of Curley v. Greater New York Carpet House, Inc.

254 A.D. 792, 4 N.Y.S.2d 126, 1938 N.Y. App. Div. LEXIS 7629

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

DecidedMay 4, 1938

StatusPublished

This text of 254 A.D. 792 (Claim of Curley v. Greater New York Carpet House, Inc.) 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 Curley v. Greater New York Carpet House, Inc., 254 A.D. 792, 4 N.Y.S.2d 126, 1938 N.Y. App. Div. LEXIS 7629 (N.Y. Ct. App. 1938).

Pincite

Opinion

Appeal from an award of death benefits to a widow and dependent child. Decedent’s death was occasioned by the rupture of a peptic ulcer, the duodenum and certain intestines, causing a generalized peritonitis. The medical evidence sustains the finding of causal relation between the several ruptures and death and the operation of a “ Meker,” a device used in laying carpets. Deceased was required, in the operation, to press his abdomen against the handle and to kick it with his knee. The evidence as to the happening of the accident is largely hearsay and circumstantial, but it is sufficiently corroborated by two “ employer’s first reports of injury.” Award unanimously affirmed, with costs to the State Industrial Board. Present- — -Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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Appeal from an award of death benefits to a widow and dependent child. Decedent’s death was occasioned by the rupture of a peptic ulcer, the duodenum and certain intestines, causing a generalized peritonitis. The medical evidence sustains the finding of causal relation between the several ruptures and death and the operation of a “ Meker,” a device used in laying carpets. Deceased was required, in the operation, to press his abdomen against the handle and to kick it with his knee. The evidence as to the happening of the accident is largely hearsay and circumstantial, but it is sufficiently corroborated by two “ employer’s first reports of injury.” Award unanimously affirmed, with costs to the State Industrial Board. Present- — -Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ.

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Bluebook (online)

254 A.D. 792, 4 N.Y.S.2d 126, 1938 N.Y. App. Div. LEXIS 7629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-curley-v-greater-new-york-carpet-house-inc-nyappdiv-1938.