Claim of Herriott v. Phillips

Appellate Division of the Supreme Court of New York

Claim of Herriott v. Phillips

254 A.D. 609, 2 N.Y.S.2d 844

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

DecidedMarch 16, 1938

StatusPublished

This text of 254 A.D. 609 (Claim of Herriott v. Phillips) 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 Herriott v. Phillips, 254 A.D. 609, 2 N.Y.S.2d 844 (N.Y. Ct. App. 1938).

Pincite

Opinion

Appeal from an award of death benefits arising out of death of deceased employee. Deceased was employed as a chauffeur, butler and houseman. He assisted in pushing an automobile manually a considerable distance from the street into a driveway, along the driveway for some distance and up an incline into a garage on the employer’s premises. Within three to five minutes afterwards, while standing near the car, discussing the affair, he fell to the ground unconscious and died immediately, his death being the result of coronary thrombosis. He had a pre-existing coronary disease and the medical testimony is to the effect that the extra strain caused by moving the automobile brought about his death. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from an award of death benefits arising out of death of deceased employee. Deceased was employed as a chauffeur, butler and houseman. He assisted in pushing an automobile manually a considerable distance from the street into a driveway, along the driveway for some distance and up an incline into a garage on the employer’s premises. Within three to five minutes afterwards, while standing near the car, discussing the affair, he fell to the ground unconscious and died immediately, his death being the result of coronary thrombosis. He had a pre-existing coronary disease and the medical testimony is to the effect that the extra strain caused by moving the automobile brought about his death. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

254 A.D. 609, 2 N.Y.S.2d 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-herriott-v-phillips-nyappdiv-1938.