Matter of Dunning
v.
Park School of Buffalo

Appellate Division of the Supreme Court of New York, Third DepartmentJan 16, 1952
279 App. Div. 832 (N.Y. App. Div. 1952)

January 16, 1952.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.


The employer operated a summer country day camp and employed decedent as a camp counselor. On July 4, 1949, while decedent was engaged in the regular course of his employment he was subjected to an unusual exertion and immediately after having engaged in a water polo game in his employer's pool he collapsed and suffered an aspiration of the stomach content, asphyxia, acute right heart dilation and heart failure from which he died on the same day. The only issue raised by the appellants is that the decedent's accidental death did not arise out of and in the course of his employment. On the day of his death, decedent and other counselors attended a faculty or staff meeting. The meeting was called for the discussion of activities to be engaged in during the afternoon. At the termination of the meeting decedent entered the swimming pool. The proof indicates that decedent and the other camp counselors were permitted to use the pool. The evidence sustains the finding of the board. Award unanimously affirmed, with costs to the Workmen's Compensation Board.