Claim of Hughes v. Trustees of St. Patrick's Cathedral
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- Hanson v. Reichelt (Iowa 1990)
- Voris v. Eikel (5th Cir. 1952)
- Baltimore & OR Co. v. Clark (4th Cir. 1932)
- Grayson v. District of Columbia Department of Employment Services (D.C. 1986)
- Harding Glass Co. v. Albertson (Ark. 1945)
- Nelson v. Creamery Package Manufacturing Co. (Minn. 1943)
- Bailey v. Henry Knapp & Co. (Mich. 1938)
- Ætna Life Ins. v. Hoage (D.C. Cir. 1933)
- Hoage v. Employers' Liability Assur. Corp. (D.C. Cir. 1933)
- McDonald v. Fulton & Runquist (Minn. 1932)
- Baltimore & O. R. v. Clark (District Court, D. Maryland 1932)
- Fidelity & Casualty Co. of New York v. Burris (District Court, District of Columbia 1932)
- Belcher v. Des Moines Electric Light Co. (Iowa 1929)
- Claim of Sienko v. Bopp & Morgenstern (N.Y. 1928)
- Claim of Sienko v. Bopp & Morgenstern (Appellate Division of the Supreme Court of New York 1928)
- Matter of Garcia v. WTC Volunteer (Appellate Division of the Supreme Court of New York 2022)
- Claim of Wesser v. House of Good Shepherd (Appellate Division of the Supreme Court of New York 1971)
- Claim of Davis v. Newsweek Magazine (N.Y. 1953)
- Claim of Deziley v. Semet-Solvay Co. (Appellate Division of the Supreme Court of New York 1947)
- Hammer v. Workmen's Compensation Commission (District Court, Virgin Islands 1945)
- Matter of Lepow v. Lepow Knitting Mills, Inc. (N.Y. 1942)
- Claim of Giovine v. United Hebrew Cemetery (Appellate Division of the Supreme Court of New York 1941)
- Claim of Whitmyre v. International Business Machines Corp. (N.Y. 1935)
- Claim of Huber v. A. J. & J. J. McCollum, Inc. (Appellate Division of the Supreme Court of New York 1935)
- Matter of Keenholts v. Bayer Co. (N.Y. 1933)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. Heat prostration is an accidental injury arising out of and during the course of the employment, if the nature of the employment exposes the workman to risk of such injury. (Matter of Madura v. City of New York, 238 N. Y. 214.) Although the risk may *203 be common to all who are exposed to the sun’s rays on a hot day, the question is whether the employment exposes the employee to the risk. (Matter of Katz, 232 N. Y. 420.)
2. The employee did not give written notice of the injury within the time prescribed by section 18 of the Workmen’s Compensation Law (Cons. Laws, ch. 67). The State Industrial Board excused the failure on the ground that the employer was not prejudiced thereby, because verbal notice was given to the employer and the employer had actual knowledge of the accident within thirty days thereafter. The employer’s foreman testified that he understood the next day that the workman was taken home sick. A fellow employee testified that he notified the foreman the next day that the sickness was due to heat prostration. Verbal notice was, therefore, established. Actual knowledge of the accident at the time it occurred is not required where it appears that verbal notice is promptly given and the employer has not been prejudiced by the failure to give written notice. (Matter of Finch, 244 N. Y. 557.)
3. Section 18 of the Workmen’s Compensation Law does not require prior notice of injury by the employee in a death case. (Matter of O’Esau, 186 App. Div. 556; affd., 227 N. Y. 597.)
4. An award for disability may be made after the death of the employee. So far as Matter of Terry (232 N. Y. 120) holds to the contrary, section 33 of the law has been amended. (L. 1922, ch. 615.) The award was properly made on the claim of disability on file at the time of death without requiring the widow to file a new claim.
The order should be affirmed, with costs.
Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ., concur; Kellogg, J., not sitting.
Order affirmed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.