Claim of DeMarco v. Townsend Machine Corp.

Appellate Division of the Supreme Court of New York

Claim of DeMarco v. Townsend Machine Corp.

264 A.D. 969, 37 N.Y.S.2d 97, 1942 N.Y. App. Div. LEXIS 5578

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

DecidedSeptember 23, 1942

StatusPublished

This text of 264 A.D. 969 (Claim of DeMarco v. Townsend Machine Corp.) 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 DeMarco v. Townsend Machine Corp., 264 A.D. 969, 37 N.Y.S.2d 97, 1942 N.Y. App. Div. LEXIS 5578 (N.Y. Ct. App. 1942).

Pincite

Opinion

Appeal from an award for death benefits. Decedent, while engaged in the course of his employment, sustained an accident which caused a fracture of his eighth rib on the right side. Several weeks later a pleuritic rub developed, and later bronchial pneumonia set in, from which he died. There is medical testimony to the effect that the pneumonia was due directly or indirectly to the accident. There is also medical testimony to the contrary. Only a question of fact was presented and we may not weigh the evidence. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Hefiernan, Schenek and Foster, JJ.

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Appeal from an award for death benefits. Decedent, while engaged in the course of his employment, sustained an accident which caused a fracture of his eighth rib on the right side. Several weeks later a pleuritic rub developed, and later bronchial pneumonia set in, from which he died. There is medical testimony to the effect that the pneumonia was due directly or indirectly to the accident. There is also medical testimony to the contrary. Only a question of fact was presented and we may not weigh the evidence. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Hefiernan, Schenek and Foster, JJ.

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Bluebook (online)

264 A.D. 969, 37 N.Y.S.2d 97, 1942 N.Y. App. Div. LEXIS 5578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-demarco-v-townsend-machine-corp-nyappdiv-1942.