Appellate Division of the Supreme Court of New York, 1948

Claim of Cooper v. Brunswick Cigar Co.

Claim of Cooper v. Brunswick Cigar Co.
Appellate Division of the Supreme Court of New York · Decided May 5, 1948
273 A.D. 1038; 79 N.Y.S.2d 867; 1948 N.Y. App. Div. LEXIS 5862
Claim of Cooper v. Brunswick Cigar Co.

Opinion of the Court

Award of death benefits. There was medical evidence from which the board could find that the heart attack which caused the death was produced by the labor incident to the employment. Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffernan and Russell, JJ., concur; Brewster and Deyo, JJ., dissent upon the ground that the record is barren of any legal evidence to support the findings of an accidental experience.

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