Legal Opinion · Dissent
Claim of Mausert v. Albany Builders Supply Co.
New York Court of Appeals
Decided December 31, 1928Published
1DissentKellogg, J.
An injury which does not proceed from an occurrence, a happening, an event, cannot be an accidental injury which is compensable. Thus, a felon which arises from a continued use of a mechanical tool is not a compensable injury. (Matter of Woodruff v. Howes Construction Co., 228 N. Y. 276, 278.) This holding was made because the “ testimony was insufficient to show that the injury was caused by accident.” Again, a gangrenous condition of a finger, caused by continued dipping of the member in a poisonous solution, is not compensable. (Matter of Jeffreyes v. Sager Co., 198 App. Div. 446; affd.,…
2Cases cited10 opinions
- Matter of Scholtzhauer v. . C. L. Lunch Co.New York Court of Appeals · 1922
- 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
- Claim of Woodruff v. R. H. Howes Construction Co.New York Court of Appeals · 1920
- Matter of Barath v. . Arnold Paint CompanyNew York Court of Appeals · 1924
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