Appellate Division of the Supreme Court of New York, 1937

Claim of McSweeney v. Railway Express Agency, Inc.

Claim of McSweeney v. Railway Express Agency, Inc.
Appellate Division of the Supreme Court of New York · Decided September 29, 1937
252 A.D. 715; 298 N.Y.S. 722; 1937 N.Y. App. Div. LEXIS 5846
Claim of McSweeney v. Railway Express Agency, Inc.

Opinion of the Court

Decedent died from heat prostration. He was engaged in operating a tractor which drew trailers from one railway express station to another. He was stricken while sitting in a tractor, at the employer’s Long Island City Express Terminal, at a time when the temperature was 100 degrees. The evidence sustains the award. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.

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