Appellate Division of the Supreme Court of New York, 1938

Claim of Coleman v. Phipps

Claim of Coleman v. Phipps
Appellate Division of the Supreme Court of New York · Decided November 16, 1938
255 A.D. 909; 7 N.Y.S.2d 754; 1938 N.Y. App. Div. LEXIS 5836
Claim of Coleman v. Phipps

Opinion of the Court

Appeal from an award of death benefits made by the State Industrial Board under the Workmen’s Compensation Law. It is urged that decedent did not sustain an accident. He was a groom and had been out riding a green saddle horse used in hunting. Upon returning to the stables he was in agony and complained immediately of the pain in his side. An operation revealed a diverticulitis of the sigmoid. The medical testimony connected the ruptured intestine with the riding and the abdominal tension associated with it. *910Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.