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

Appellate Division of the Supreme Court of the State of New York·Decided May 4, 1938·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

254 A.D. 792 (Claim of Curley v. Greater New York Carpet House, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.