Legal Opinion

Claim of Santacroce v. Sag Harbor Brick Works

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

Decided March 6, 1918PublishedCited by 6 opinions

Appeal by the defendants, The Sag Harbor Brick Works and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 10th day of October, 1917.

1Opinion of the Court

John M. Kellogg, P. J.:

The claimant, a brickmaker, was required to perform his duties while standing on a pile of brick about fifteen feet above the ground. He was seized “ with an attack of vertigo, or with some similar disorder, which caused him to fall to the frozen ground.” It is urged that his injury was the result of the vertigo and not of an accident, but the findings and proceedings indicate that he was in good health at the time and no reason is given for the fall except the dizziness. The natural inference is that the dizziness, the fall and the injury resulted from the elevated…

2Cases cited1 opinion

  1. Claim of Collins v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1916

3Cited by6 opinions

  1. A. C. Lawrence Leather Co. v. BarnhillCourt of Appeals of Kentucky (pre-1976) · 1933
  2. Riley v. Oxford Paper Co.Supreme Judicial Court of Maine · 1954
  3. James Irby v. Republic Creosoting CompanyCourt of Appeals for the Fifth Circuit · 1955
  4. Claim of Mausert v. Albany Builders Supply Co.Appellate Division of the Supreme Court of the State of New York · 1928
  5. Claim of Neuberger v. Third Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1920

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