Claim of Dengler v. Doudera Decorating Co.

Appellate Division of the Supreme Court of New York

Claim of Dengler v. Doudera Decorating Co.

264 A.D. 982, 33 N.Y.S.2d 725, 1942 N.Y. App. Div. LEXIS 5613

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

DecidedMarch 11, 1942

StatusPublished

This text of 264 A.D. 982 (Claim of Dengler v. Doudera Decorating 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 Dengler v. Doudera Decorating Co., 264 A.D. 982, 33 N.Y.S.2d 725, 1942 N.Y. App. Div. LEXIS 5613 (N.Y. Ct. App. 1942).

Pincite

Opinion

Claimant lost the sight of his right eye. There was testimony that the eye was myopic and that while moving some ladders he felt something in his eye; he rubbed it, and about four hours later, while working on a scaffold, he felt a sharp pain in his eye. He finished his work and continued working for a few days thereafter when he went to the hospital and was operated on for a detachment of the retina. There was proof that the myopia was a contributing cause of the detachment and that claimant did not in any way fall or strike himself, but simply that while at work he felt the sensation in his eye.

Decision unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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Claimant lost the sight of his right eye. There was testimony that the eye was myopic and that while moving some ladders he felt something in his eye; he rubbed it, and about four hours later, while working on a scaffold, he felt a sharp pain in his eye. He finished his work and continued working for a few days thereafter when he went to the hospital and was operated on for a detachment of the retina. There was proof that the myopia was a contributing cause of the detachment and that claimant did not in any way fall or strike himself, but simply that while at work he felt the sensation in his eye.

Decision unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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Bluebook (online)

264 A.D. 982, 33 N.Y.S.2d 725, 1942 N.Y. App. Div. LEXIS 5613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-dengler-v-doudera-decorating-co-nyappdiv-1942.