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In re Schwalenstocker

Court of Appeals of the State of New York
Nov 22, 1944
59 N.E.2d 448 (N.Y. 1944)

Opinion

Argued October 18, 1944

Decided November 22, 1944

Appeal from the Supreme Court, Appellate Division, Third Department.

George J. Hayes, Victor Fiddler and William F. O'Rourke for appellants.

Nathaniel L. Goldstein, Attorney-General ( Roy Wiedersum and Emmeline E. Ferris of counsel), for State Industrial Board, respondent.


Order of the Appellate Division affirming the award of compensation reversed and claim dismissed, without costs, upon the ground that there was no evidence that the cold contracted by claimant was an accidental injury within the meaning of Workmen's Compensation Law, section 2, subdivision 7, that is to say, within the common understanding of "accidental injuries" in common speech; nor was there any evidence of causal connection between the claimant's exposure to low temperature in the course of his employment on April 5, 1940, and his disability resulting from heart attacks on April 20th of the same year and on April 14th of the following year. The testimony given by a physician at the last hearing in answer to a hypothetical question was predicated upon the assumption of facts unsupported by evidence or by personal examination of the claimant. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.


Summaries of

In re Schwalenstocker

Court of Appeals of the State of New York
Nov 22, 1944
59 N.E.2d 448 (N.Y. 1944)
Case details for

In re Schwalenstocker

Case Details

Full title:In the Matter of the Claim of CHARLES J. SCHWALENSTOCKER, Respondent…

Court:Court of Appeals of the State of New York

Date published: Nov 22, 1944

Citations

59 N.E.2d 448 (N.Y. 1944)
59 N.E.2d 448

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