Claim of Mills v. North American Cement Corp.

Appellate Division of the Supreme Court of New York

Claim of Mills v. North American Cement Corp.

242 A.D. 883

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1934·Published

Opinion

Award affirmed, with costs to the State Industrial Board. Hill, P. J., Rhodes, Crapser and Heffeman, JJ., concur; McNamee, J., concurs, with a memorandum. McNamee, J. I concur for affirmance. The finding of fact that the claimant suffered from heart disease before the accident is unnecessary to sustain the award, as ihe evidence is sufficient to justify the award as made apart from the condition of claimant’s heart prior to the accident.

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Award affirmed, with costs to the State Industrial Board. Hill, P. J., Rhodes, Crapser and Heffeman, JJ., concur; McNamee, J., concurs, with a memorandum. McNamee, J. I concur for affirmance. The finding of fact that the claimant suffered from heart disease before the accident is unnecessary to sustain the award, as ihe evidence is sufficient to justify the award as made apart from the condition of claimant’s heart prior to the accident.

Claim of Mills v. North American Cement Corp., 242 A.D. 883 (N.Y. Ct. App. 1934).

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