Claim of Ward v. Fifth Avenue Building Co.

Appellate Division of the Supreme Court of New York

Claim of Ward v. Fifth Avenue Building Co.

264 A.D. 797, 35 N.Y.S.2d 284, 1942 N.Y. App. Div. LEXIS 4772

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

DecidedMay 6, 1942

StatusPublished

Cited by1 cases

This text of 264 A.D. 797 (Claim of Ward v. Fifth Avenue Building 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 Ward v. Fifth Avenue Building Co., 264 A.D. 797, 35 N.Y.S.2d 284, 1942 N.Y. App. Div. LEXIS 4772 (N.Y. Ct. App. 1942).

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Opinion

This is an appeal from an award for death benefits in favor of the widow of William Ward. Decedent was shoveling heavy snow, which was extra hard work and called for extreme exertion on his part, when he collapsed and shortly afterward died. The award is opposed upon the ground that there is no proof of accidental injury, but that the death was the result of cardiac disease. The medical testimony in the records supports the award. A question of fact is involved and the evidence supports the award appealed from. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffeman and Foster, JJ.

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This is an appeal from an award for death benefits in favor of the widow of William Ward. Decedent was shoveling heavy snow, which was extra hard work and called for extreme exertion on his part, when he collapsed and shortly afterward died. The award is opposed upon the ground that there is no proof of accidental injury, but that the death was the result of cardiac disease. The medical testimony in the records supports the award. A question of fact is involved and the evidence supports the award appealed from. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Heffeman and Foster, JJ.

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264 A.D. 797, 35 N.Y.S.2d 284, 1942 N.Y. App. Div. LEXIS 4772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-ward-v-fifth-avenue-building-co-nyappdiv-1942.

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