Matter of Foster v. Gillinder Bros., Inc.
Cases that cite this one
6 later published cases cite this decision.
- Claim of Snir v. J. W. Mays, Inc. (Appellate Division of the Supreme Court of New York 1966)
- Claim of Miner v. Duchess Fabrics, Inc. (Appellate Division of the Supreme Court of New York 1959)
- Claim of Detenbeck v. General Motors Corp. (N.Y. 1956)
- Claim of Paradiso v. Vuozzo (Appellate Division of the Supreme Court of New York 1950)
- Claim of Champion v. W. & L. E. Gurley (N.Y. 1949)
- Claim of Lawton v. Port of New York Authority (Appellate Division of the Supreme Court of New York 1949)
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
Respondent was employed as a glass gatherer and used an implement known as a “ punny,” weighing about ten pounds. The finding, supported by evidence, is that the continuous gathering and lifting of glass from a furnace involved a constant twisting and straining of the body. This process, from gradual stretching, resulted in a hernia which is a disease. (Matter of Alpert v. Powers, 223 N. Y. 97,101.) There is medical testimony that claimant’s occupation would produce this disease and there are judicial decisions in other jurisdictions holding that hernia is an occupational disease. (Marathon Paper Mills Co. v. Industrial Comm., 203 Wis. 17; Travellers’ Ins. Co. v. Locke, 56 Fed. Rep. [2d] 443, 444.)
'The order should be affirmed, with costs.
Crane, Ch. J., Lehman, O’Brien, Hubbs, Lottghran, Finch and Rippey, JJ., concur.
• Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.