Legal Opinion

Kelly v. International Motor Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 19, 1923PublishedCited by 2 opinions

1Opinion of the Court

H. T. Kellogg, Acting P. J.:

The claimant’s husband, on May 3, 1922, suffered to be performed an operation for the removal of his appendix. The operation disclosed a ruptured gastric ulcer. From this disorder, complicated with acute general peritonitis, he came to his death on the following day. The question in the case is whether the rupture of the ulcer and the ensuing death can logically be attributed to an accident occurring on April 18, 1922. The only legal evidence to prove such an accident is contained in the employer’s first report of injury made upon April twenty-fifth. It consists of…

2Cited by2 opinions

  1. Herron Lumber Company v. NealSupreme Court of Arkansas · 1943
  2. Claim of Metz v. GallagherAppellate Division of the Supreme Court of the State of New York · 1928

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