Claim of Potenza v. M. Moran Transportation Lines, Inc.

Appellate Division of the Supreme Court of New York

Claim of Potenza v. M. Moran Transportation Lines, Inc.

254 A.D. 600, 2 N.Y.S.2d 869, 1938 N.Y. App. Div. LEXIS 6689

Appellate Division of the Supreme Court of the State of New York·Decided March 9, 1938·Published

Opinion

The widow of a deceased employee appeals from a decision disallowing her claim for death benefits. The employee died from a ruptured stomach ulcer'. There was no direct proof of an injury. Witnesses testified as to statements made by the employee prior to his death, but there was little, if any, corroboration. The employer produced affirmative evidence to sustain its claim that there was no accident. Under the most favorable view of the evidence from the appellant’s standpoint there was a question of fact which has been decided against the claimant. Decision unanimously affirmed. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heifer-nan, JJ.

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

The widow of a deceased employee appeals from a decision disallowing her claim for death benefits. The employee died from a ruptured stomach ulcer'. There was no direct proof of an injury. Witnesses testified as to statements made by the employee prior to his death, but there was little, if any, corroboration. The employer produced affirmative evidence to sustain its claim that there was no accident. Under the most favorable view of the evidence from the appellant’s standpoint there was a question of fact which has been decided against the claimant. Decision unanimously affirmed. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heifer-nan, JJ.

Claim of Potenza v. M. Moran Transportation Lines, Inc., 254 A.D. 600, 2 N.Y.S.2d 869, 1938 N.Y. App. Div. LEXIS 6689 (N.Y. Ct. App. 1938).

Pincite

254 A.D. 600 (Claim of Potenza v. M. Moran Transportation Lines, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.