Appellate Division of the Supreme Court of New York, 1942

Claim of Dengler v. Doudera Decorating Co.

Claim of Dengler v. Doudera Decorating Co.
Appellate Division of the Supreme Court of New York · Decided March 11, 1942
264 A.D. 982; 33 N.Y.S.2d 725; 1942 N.Y. App. Div. LEXIS 5613
Claim of Dengler v. Doudera Decorating Co.

Opinion of the Court

Claimant lost the sight of his right eye. There was testimony that the eye was myopic and that while moving some ladders he felt something in his eye; he rubbed it, and about four hours later, while working on a scaffold, he felt a sharp pain in his eye. He finished his work and continued working for a few days thereafter when he went to the hospital and was operated on for a detachment of the retina. There was proof that the myopia was a contributing cause of the detachment and that claimant did not in any way fall or strike himself, but simply that while at work he felt the sensation in his eye.

Decision unanimously affirmed, without costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Foster, JJ.

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