Legal Opinion · Dissent

Claim of McCormack v. National City Bank

New York Court of Appeals

Decided July 11, 1951Published

1DissentConway, J.

I concur with Judge Dye.

The board in its findings determined that the deceased was employed as an elevator operator and helper to the elevator mechanic; that while the deceased was assisting the elevator mechanic in repairing a passenger elevator, at the employer’s business building in New York.City and was engaged in the regular course of his employment, he accidentally fell and struck his head; that as a result of the fall, the deceased sustained accidental injuries in the nature of a cerebral concussion, rupture of a pre-existing aneurysm and a hemorrhage of the brain resulting in his…

2Cases cited16 opinions

  1. The ConquerorSupreme Court of the United States · 1897
  2. Commercial Casualty Insurance v. RomanNew York Court of Appeals · 1936
  3. Matter of Hoffman v. New York Central R.R. Co.New York Court of Appeals · 1943
  4. People Ex Rel. Third Avenue Railroad v. State Board of Tax CommissionersNew York Court of Appeals · 1914
  5. Shabotzky v. Equitable Life Assurance Society of the United StatesAppellate Division of the Supreme Court of the State of New York · 1939

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