Legal Opinion
Claim of Comstock v. Goetz Oil Corp.
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 1955PublishedCited by 6 opinions
1Opinion of the CourtCoon, J.
The only proof that decedent sustained any accident in his employment is hearsay evidence, consisting of testimony of members of his family to statements made to them by decedent. This testimony was admissible and sufficient to establish accident and injury only “ if corroborated by circumstances or other evidence ”. (Workmen’s Compensation Law, § 118.)
This case presents an unusual problem in hearsay cases. The medical testimony shows that at some time and in some manner decedent sustained a head injury which eventually led to his hospitalization and a cranial operation, from which he died.…
2Cases cited4 opinions
- Matter of Belcher v. . Carthage Machine Co.New York Court of Appeals · 1918
- Claim of Ptaszynski v. American Sugar Refining Co.New York Court of Appeals · 1953
- Claim of Ptaszynski v. American Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1952
- Claim of Cholet v. R. H. Macy & Co.Appellate Division of the Supreme Court of the State of New York · 1955
3Cited by6 opinions
- Terry Motor Company v. MixonSupreme Court of Oklahoma · 1960
- Claim of Guggenheim v. C. Hedke & Co.Appellate Division of the Supreme Court of the State of New York · 1969
- Claim of Comstock v. Goetz Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1960
- Claim of Bonomi v. Poirier & McLane Corp.Appellate Division of the Supreme Court of the State of New York · 1956
- Claim of Rosa v. June Electrical Corp.Appellate Division of the Supreme Court of the State of New York · 2016
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