Claim of Drum v. Stebbins

Appellate Division of the Supreme Court of New York

Claim of Drum v. Stebbins

251 A.D. 759, 295 N.Y.S. 540, 1937 N.Y. App. Div. LEXIS 7404

Appellate Division of the Supreme Court of the State of New York·Decided May 5, 1937·Published

Opinion

Decedent was engaged in operating a power-driven lawn-mower. The mechanism would drive it forward but not in reverse. The machine, weighing approximately 300 pounds, became mired in a swampy part of the lawn. In withdrawing the machine from the mire decedent ruptured internal blood vessels; an operation followed. He died from the effects of the rupture and the operation. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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Decedent was engaged in operating a power-driven lawn-mower. The mechanism would drive it forward but not in reverse. The machine, weighing approximately 300 pounds, became mired in a swampy part of the lawn. In withdrawing the machine from the mire decedent ruptured internal blood vessels; an operation followed. He died from the effects of the rupture and the operation. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

Claim of Drum v. Stebbins, 251 A.D. 759, 295 N.Y.S. 540, 1937 N.Y. App. Div. LEXIS 7404 (N.Y. Ct. App. 1937).

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