Opinion · Nylaw New York

MATTER OF CURLEY v. GREATER NEW YORK CARPET HOUSE, 254 App. Div. 792 (1938)

In the Matter of Claim of DELLA CURLEY, Respondent, against GREATER NEWYORK CARPET HOUSE, INC., & the EMPLOYERS' Liab. ASSURANCE CORPORATION,LTD., Appellants.STATE Indus. Bd., Respondent., 254 A.D. 792 (Appellate Division of the Supreme Court of New York, Third Department. 1938)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1938-05-04
Topic: general

MATTER OF CURLEY v. GREATER NEW YORK CARPET HOUSE, 254 App. Div. 792 (1938) In the Matter of the Claim of DELLA CURLEY, Respondent, against GREATER NEWYORK CARPET HOUSE, INC., and the EMPLOYERS' LIABILITY ASSURANCE CORPORATION,LTD., Appellants.STATE INDUSTRIAL BOARD, Respondent.Appellate Division of the Supreme Court of New York, Third Department. May 4, 1938. Appeal from an award of death benefits to a widow and dependent child.

Citator

UpLaw has not yet analyzed MATTER OF CURLEY v. GREATER NEW YORK CARPET HOUSE, 254 App. Div. 792 (1938). The absence of a flag is not a finding that it is good law.

MATTER OF CURLEY v. GREATER NEW YORK CARPET HOUSE,254 App. Div. 792(1938)

In the Matter of the Claim of DELLA CURLEY, Respondent, against GREATER NEW

YORK CARPET HOUSE, INC., and the EMPLOYERS' LIABILITY ASSURANCE CORPORATION,

LTD., Appellants.

STATE INDUSTRIAL BOARD, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

May 4, 1938.

Appeal from an award of death benefits to a widow and dependent child. Decedent's death was occasioned by the rupture of a peptic ulcer, the duodenum and certain intestines, causing a generalized peritonitis. The medical evidence sustains the finding of causal relation between the several ruptures and death and the operation of a "kicker," a device used in laying carpets. Deceased was required, in the operation, to press his abdomen against the handle and to kick it with his knee. The evidence as to the happening of the accident is largely hearsay and circumstantial, but it is sufficiently corroborated by two "employer's first reports of injury." Award unanimously affirmed, with costs to the State Industrial Board.

Present — Hill, P.J., Rhodes, Crapser, Bliss and Heffernan, JJ.