Claim of Hentnick v. City Ice & Fuel Co.

Appellate Division of the Supreme Court of New York

Claim of Hentnick v. City Ice & Fuel Co.

271 A.D.2d 764

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

DecidedSeptember 18, 1946

StatusPublished

This text of 271 A.D.2d 764 (Claim of Hentnick v. City Ice & Fuel 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 Hentnick v. City Ice & Fuel Co., 271 A.D.2d 764 (N.Y. Ct. App. 1946).

Pincite

Opinion

Appeal from an award for total disability from September 27, 1943, to July 1, 1944, and for partial disability from the latter date to May 24, 1945. Claimant received his injuries when he fell down a flight of stairs. The appellant asserts that the injuries were received solely as the result of the intoxication, of which there is overwhelming proof. Claimant testified that he only drank one can of beer with his lunch. There is no evidence to sustain a finding that claimant’s accidental fall was separable from his intoxication. Award reversed and claim dismissed, with costs against the Workmen’s Compensation Board. Hill, P. J., Brewster, Foster and Lawrence, JJ., concur; Heffernan, J., dissents and votes to affirm the award.

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Appeal from an award for total disability from September 27, 1943, to July 1, 1944, and for partial disability from the latter date to May 24, 1945. Claimant received his injuries when he fell down a flight of stairs. The appellant asserts that the injuries were received solely as the result of the intoxication, of which there is overwhelming proof. Claimant testified that he only drank one can of beer with his lunch. There is no evidence to sustain a finding that claimant’s accidental fall was separable from his intoxication. Award reversed and claim dismissed, with costs against the Workmen’s Compensation Board. Hill, P. J., Brewster, Foster and Lawrence, JJ., concur; Heffernan, J., dissents and votes to affirm the award.

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Bluebook (online)

271 A.D.2d 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-hentnick-v-city-ice-fuel-co-nyappdiv-1946.