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Matter of Foster v. Gillinder Bros., Inc.

16 N.E.2d 360, 278 N.Y. 348, 1938 N.Y. LEXIS 1307
CourtNew York Court of Appeals
DecidedJuly 7, 1938
StatusPublished
Cited by6 cases

This text of 16 N.E.2d 360 (Matter of Foster v. Gillinder Bros., Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Foster v. Gillinder Bros., Inc., 16 N.E.2d 360, 278 N.Y. 348, 1938 N.Y. LEXIS 1307 (N.Y. 1938).

Opinion

Per Curiam.

Respondent was employed as a glass gatherer and used an implement known as a “ punny,” weighing about ten pounds. The finding, supported by evidence, is that the continuous gathering and lifting of glass from a furnace involved a constant twisting and straining of the body. This process, from gradual stretching, resulted in a hernia which is a disease. (Matter of Alpert v. Powers, 223 N. Y. 97,101.) There is medical testimony that claimant’s occupation would produce this disease and there are judicial decisions in other jurisdictions holding that hernia is an occupational disease. (Marathon Paper Mills Co. v. Industrial Comm., 203 Wis. 17; Travellers’ Ins. Co. v. Locke, 56 Fed. Rep. [2d] 443, 444.)

'The order should be affirmed, with costs.

Crane, Ch. J., Lehman, O’Brien, Hubbs, Lottghran, Finch and Rippey, JJ., concur.

• Order affirmed.

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Cite This Page — Counsel Stack

Bluebook (online)
16 N.E.2d 360, 278 N.Y. 348, 1938 N.Y. LEXIS 1307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-foster-v-gillinder-bros-inc-ny-1938.