Phillips v. Holmes Express Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Holmes Express Company and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 2d day of May, 1919.
1Opinion of the Court
Cochrane, J. :
While it may be that part of the disability results from what occurred September 7, 1918, the evidence is nevertheless clearly persuasive if not conclusive that nothing would have occurred on September seventh, if it had not been for the accident on May 13, 1918. The Commission finds that on September seventh, while attempting to crank an automobile as the claimant “ took hold of the crank handle the fracture which he had sustained on May 13, 1918, again *337parted.” The evidence justifies no other finding. There was no accident on September seventh, except as the condition caused…
Also in this document: Concurrence.
2Cited by10 opinions
- Claim of Anderson v. Babcock & Wilcox Co.New York Court of Appeals · 1931
- New York Indemnity Co. v. MillerSupreme Court of Oklahoma · 1933
- Witchekowski v. Falls Co.Supreme Court of Connecticut · 1927
- Towner v. Western Contracting CorporationNebraska Supreme Court · 1957
- Aetna Life Insurance v. BittingerCourt of Appeals of Maryland · 1930
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