Summary
In Matter of Michelfelder v. Van Alstyne (245 N.Y. 569), an award was sustained made to an employee who had become afflicted with bronchitis by reason of inhaling carbon monoxide gas. It seems to me that, so far as the consequences are concerned, no distinction can be made between a case in which an employee breathes air containing poisonous fumes and one in which the employee drinks water contaminated with deadly bacilli.
Summary of this case from Scheerens v. Edwards SonOpinion
Argued May 2, 1927
Decided May 17, 1927
Appeal from the Supreme Court, Appellate Division, Third Department.
Edward P. Lyon, Harold S. Lyon and Alfred W. Andrews for appellants.
Albert Ottinger, Attorney-General ( E.C. Aiken of counsel), for respondents.
Order affirmed, with costs; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN and O'BRIEN, JJ. Not sitting: KELLOGG, J.