Connelly v. Hunt Furniture Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
H. T. Kellogg, J.:
The employee came to his death from septicaemia, a pathogenic disease. His death was not compensable unless the disease naturally and unavoidably followed an accidental injury. (Workmen’s Compensation Law, § 2, subd. 7.) There was here no accidental injury preceding or causing the disease. It was not an accident that the employee touched a gangrenous body which he was preparing for burial. The contact made was intended to be made and did not involve an occurrence or happening, sudden or unexpected. Moreover, the contact was not in itself an injury. There was no traumatism…
Also in this document: Concurrence · McCann; Concurrence · McCann.
2Cases cited13 opinions
- Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
- H. P. Hood & Sons v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1910
- Matter of Eldridge v. . Endicott, Johnson Co.New York Court of Appeals · 1920
- Claim of Jeffreyes v. Charles H. Sager Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Matter of Jeffreyes v. . Charles H. Sager CompanyNew York Court of Appeals · 1922
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3Cited by2 opinions
- Employers Insurance Co. of Alabama, Inc. v. RivesSupreme Court of Alabama · 1955
- D'Oliveri v. Austin, Nichols & Co.Appellate Division of the Supreme Court of the State of New York · 1925