Home/Appellate Division of the Supreme Court of New York/Claim of Mashaw v. Fex

Claim of Mashaw v. Fex

266 A.D. 703, 40 N.Y.S.2d 153, 1943 N.Y. App. Div. LEXIS 3951
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 10, 1943
StatusPublished

This text of 266 A.D. 703 (Claim of Mashaw v. Fex) 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 Mashaw v. Fex, 266 A.D. 703, 40 N.Y.S.2d 153, 1943 N.Y. App. Div. LEXIS 3951 (N.Y. Ct. App. 1943).

Opinion

Hill, P. J., Bliss and Heffernan, JJ., concur; Crapser and Sehenek, JJ., dissent on the ground that the evidence shows decedent had recent heart trouble, that a day or two before his death he was carrying some groceries home and had an attack on a bridge and was unable to carry them; and on the further ground that the evidence in the record of the carrier’s physician that he had a heart disease of some duration and that his death was not due to physical exertion but was due to the diseased heart. (Matter of LaFountain v. LaFountain, 259 App. Div. 1095, affd. 284 N. Y. 729; Matter of Dworak v. Greenbaum Co., 261 App. Div. 1022, affd. 287 N. Y. 555.)

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

Related

Matter of Dworak v. E. Greenbaum Co.
38 N.E.2d 224 (New York Court of Appeals, 1941)
Matter of La Fountain v. La Fountain
31 N.E.2d 199 (New York Court of Appeals, 1940)
Claim of LaFountain v. LaFountain
259 A.D. 1095 (Appellate Division of the Supreme Court of New York, 1940)
Claim of Dworak v. E. Greenbaum Co.
261 A.D. 1022 (Appellate Division of the Supreme Court of New York, 1941)

Cite This Page — Counsel Stack

Bluebook (online)
266 A.D. 703, 40 N.Y.S.2d 153, 1943 N.Y. App. Div. LEXIS 3951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-mashaw-v-fex-nyappdiv-1943.