Claim of Van Herpe v. Roman Catholic Home of the Good Shepherd

Appellate Division of the Supreme Court of New York

Claim of Van Herpe v. Roman Catholic Home of the Good Shepherd

248 A.D. 654

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1936·Published

Opinion

Appeal from a death benefits award to widow. The hearsay evidence as to the accident was corroborated by the testimony of the widow and the son. Each saw the injured toe and foot, and the widow applied hot packs after the husband “ returned from work; ” he told them that a heavy piece of iron fell, striking him on the great toe. The statement of injury by the employer admitted the happening of the accident. A physician testified to the causal relation between the injury and the death. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, MeNamee, Bliss and Heffernan, JJ.

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Appeal from a death benefits award to widow. The hearsay evidence as to the accident was corroborated by the testimony of the widow and the son. Each saw the injured toe and foot, and the widow applied hot packs after the husband “ returned from work; ” he told them that a heavy piece of iron fell, striking him on the great toe. The statement of injury by the employer admitted the happening of the accident. A physician testified to the causal relation between the injury and the death. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, MeNamee, Bliss and Heffernan, JJ.

Claim of Van Herpe v. Roman Catholic Home of the Good Shepherd, 248 A.D. 654 (N.Y. Ct. App. 1936).

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