Legal Opinion · Dissent
Claim of Burris v. Lewis
New York Court of Appeals
Decided February 28, 1957Published
1DissentDye, J.
I dissent and vote to affirm on the ground that the determination of causally related death was supported by substantial evidence. First, let me point out that the decedent, then 44 years of age, with no prior warning or history of an existing heart condition, dropped dead on the job as he lifted a nail keg weighing about 50 pounds from the ground to the high tailboard of his employer’s truck, a task he had never done before, although related to his employment.
What, then, caused this fatal consequence? Was it due to accident induced by overexertion incident to lifting the heavy keg — a…
2Cases cited13 opinions
- Claim of Masse v. James H. Robinson Co.New York Court of Appeals · 1950
- Claim of Gioia v. A. J. Courtmel Co.Appellate Division of the Supreme Court of the State of New York · 1953
- Owens v. McGovernNew York Court of Appeals · 1956
- Claim of Borra v. Siwanoy Country ClubAppellate Division of the Supreme Court of the State of New York · 1952
- Claim of Sleator v. National City BankNew York Court of Appeals · 1955
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