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

Appellate Division of the Supreme Court of the State of New York·Decided May 6, 1942·Published·Cited by 1 cases

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.

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

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.

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).

Pincite

264 A.D. 797 (Claim of Ward v. Fifth Avenue Building Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related