Claim of LaForty v. Spellman-Oliver Co.

Appellate Division of the Supreme Court of New York

Claim of LaForty v. Spellman-Oliver Co.

243 A.D. 663

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1935·Published

Opinion

— Decedent employee was night watchman guarding a road under construction. He had a pre-existing heart condition. In directing traffic he ran for a considerable distance and immediately thereafter collapsed and died from cerebral hemorrhage. Appellant claims that this does not constitute an accident. Appellant also raised question that the claimant here was not the widow. Award unanimously affirmed, with costs to the State Industrial Board. Present — Bill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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— Decedent employee was night watchman guarding a road under construction. He had a pre-existing heart condition. In directing traffic he ran for a considerable distance and immediately thereafter collapsed and died from cerebral hemorrhage. Appellant claims that this does not constitute an accident. Appellant also raised question that the claimant here was not the widow. Award unanimously affirmed, with costs to the State Industrial Board. Present — Bill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

Claim of LaForty v. Spellman-Oliver Co., 243 A.D. 663 (N.Y. Ct. App. 1935).

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