Claim of DeBrocke v. Cushman's Sons, Inc.

Appellate Division of the Supreme Court of New York

Claim of DeBrocke v. Cushman's Sons, Inc.

248 A.D. 932, 290 N.Y.S. 272, 1936 N.Y. App. Div. LEXIS 8110

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

DecidedOctober 2, 1936

StatusPublished

This text of 248 A.D. 932 (Claim of DeBrocke v. Cushman's Sons, 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 DeBrocke v. Cushman's Sons, Inc., 248 A.D. 932, 290 N.Y.S. 272, 1936 N.Y. App. Div. LEXIS 8110 (N.Y. Ct. App. 1936).

Pincite

Opinion

The claimant was employed as manager of employer-appellant’s store at 123 Fifth avenue, Pelham, N. T. On the 22d day of June, 1934, she was overcome by gas escaping from an electric refrigerator. She was attended that night by a doctor who diagnosed her case as one of gas poisoning. Under point I appellant claims that it conclusively appears that the claimant’s condition is not the result of an accidental injury. A question of fact is involved that there is ample, competent medical evidence to sustain the finding of the Industrial Board that there was causal relation between the accident and the disability. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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The claimant was employed as manager of employer-appellant’s store at 123 Fifth avenue, Pelham, N. T. On the 22d day of June, 1934, she was overcome by gas escaping from an electric refrigerator. She was attended that night by a doctor who diagnosed her case as one of gas poisoning. Under point I appellant claims that it conclusively appears that the claimant’s condition is not the result of an accidental injury. A question of fact is involved that there is ample, competent medical evidence to sustain the finding of the Industrial Board that there was causal relation between the accident and the disability. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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Bluebook (online)

248 A.D. 932, 290 N.Y.S. 272, 1936 N.Y. App. Div. LEXIS 8110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-debrocke-v-cushmans-sons-inc-nyappdiv-1936.