Claim of Thompson v. City of Binghamton

H. T. Kellogg, J. (dissenting).

Mr. Justice Van Kirk is clearly asking us to overrule our decision in O’Connell v. Adirondack Electric Power Corp. (193 App. Div. 582). He seems to think that the decision in that case is not consistent with our later decision in Pickerell v. Schumacher (215 App. Div. 745). If there be an inconsistency in the two holdings it seems to me that the decision in the Pickerell case should yield to the decision in the O’Connell case rather than that the latter should yield to the former. It was held in the Pickerell case that a claimant suffering from cerebral apoplexy…