Claim of Repstad v. Goodwin-Gallagher Sand & Gravel Corp.

Appellate Division of the Supreme Court of New York

Claim of Repstad v. Goodwin-Gallagher Sand & Gravel Corp.

235 A.D. 748

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1932

StatusPublished

This text of 235 A.D. 748 (Claim of Repstad v. Goodwin-Gallagher Sand & Gravel Corp.) 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 Repstad v. Goodwin-Gallagher Sand & Gravel Corp., 235 A.D. 748 (N.Y. Ct. App. 1932).

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Opinion

Award reversed, with costs against the State Industrial Board to abide the event, and claim remitted, on the ground that there is no evidence to sustain the finding that the deceased suffered a dislocation of the spine and other injuries, causing his death, while coupling the locomotive to the car, there being lack of evidence to account for all of deceased’s movements between the time of such coupling operation and the time when he was found dead in his bed, in his home, later that day. All concur, except Hill and McNamee, JJ., who dissent and vote to affirm the award.

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Award reversed, with costs against the State Industrial Board to abide the event, and claim remitted, on the ground that there is no evidence to sustain the finding that the deceased suffered a dislocation of the spine and other injuries, causing his death, while coupling the locomotive to the car, there being lack of evidence to account for all of deceased’s movements between the time of such coupling operation and the time when he was found dead in his bed, in his home, later that day. All concur, except Hill and McNamee, JJ., who dissent and vote to affirm the award.

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Bluebook (online)

235 A.D. 748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-repstad-v-goodwin-gallagher-sand-gravel-corp-nyappdiv-1932.