Claim of Mashaw v. Fex

Appellate Division of the Supreme Court of New York

Claim of Mashaw v. Fex

266 A.D. 703, 40 N.Y.S.2d 153, 1943 N.Y. App. Div. LEXIS 3951

Appellate Division of the Supreme Court of the State of New York·Decided March 10, 1943·Published

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.)

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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.)

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).

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Opinion

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