Appellate Division of the Supreme Court of New York, 1935

Claim of LaForty v. Spellman-Oliver Co.

Claim of LaForty v. Spellman-Oliver Co.
Appellate Division of the Supreme Court of New York · Decided January 15, 1935
243 A.D. 663
Claim of LaForty v. Spellman-Oliver Co.

Opinion of the Court

— Decedent employee was night watchman guarding a road under construction. He had a pre-existing heart condition. In directing traffic he ran for a considerable distance and immediately thereafter collapsed and died from cerebral hemorrhage. Appellant claims that this does not constitute an accident. Appellant also raised question that the claimant here was not the widow. Award unanimously affirmed, with costs to the State Industrial Board. Present — Bill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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