Claim of Santora v. National Exhibition Co.

Appellate Division of the Supreme Court of New York

Claim of Santora v. National Exhibition Co.

257 A.D. 882, 11 N.Y.S.2d 907, 1939 N.Y. App. Div. LEXIS 8268

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

DecidedMay 10, 1939

StatusPublished

This text of 257 A.D. 882 (Claim of Santora v. National Exhibition Co.) 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 Santora v. National Exhibition Co., 257 A.D. 882, 11 N.Y.S.2d 907, 1939 N.Y. App. Div. LEXIS 8268 (N.Y. Ct. App. 1939).

Pincite

Opinion

Appeal from an award of death benefits to the widow of a deceased employee made by the State Industrial Board in accordance with the Workmen’s Compensation Law. The question presented on this appeal is whether there was sufficient proof of an accident. Statements were made by the deceased prior to his death that he “ picked up a bag of cement and * * * seemed to feel everything rip inside of him and he just collapsed.” He also said that he got a pain in the pit of the stomach while picking up a bag of cement weighing ninety-four pounds. Medical proof showed that he died of a ruptured duodenal ulcer and that the lifting of a bag of cement was a competent producing cause of this rupture or perforation. Fellow workmen [883]*883saw tnm lifting the cement and he then complained to them that he had a pain in his stomach and sat down, holding his side. They had to take hold of him to keep film from slumping to the ground. This, together with other proof in the record, corroborates decedent’s hearsay statements as to the accident. Award ■unanimously affirmed, with costs to the State Industrial Board.

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Appeal from an award of death benefits to the widow of a deceased employee made by the State Industrial Board in accordance with the Workmen’s Compensation Law. The question presented on this appeal is whether there was sufficient proof of an accident. Statements were made by the deceased prior to his death that he “ picked up a bag of cement and * * * seemed to feel everything rip inside of him and he just collapsed.” He also said that he got a pain in the pit of the stomach while picking up a bag of cement weighing ninety-four pounds. Medical proof showed that he died of a ruptured duodenal ulcer and that the lifting of a bag of cement was a competent producing cause of this rupture or perforation. Fellow workmen [883]*883saw tnm lifting the cement and he then complained to them that he had a pain in his stomach and sat down, holding his side. They had to take hold of him to keep film from slumping to the ground. This, together with other proof in the record, corroborates decedent’s hearsay statements as to the accident. Award ■unanimously affirmed, with costs to the State Industrial Board.

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Bluebook (online)

257 A.D. 882, 11 N.Y.S.2d 907, 1939 N.Y. App. Div. LEXIS 8268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-santora-v-national-exhibition-co-nyappdiv-1939.