Claim of Bixby v. Cotswold Comfortable Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Cotswold Comfortable Company and another, from a decision and award of the State Industrial Commission, made on the 19th day of March, 1920, and filed in the Syracuse office of said Commission.
1Opinion of the Court
Woodward, J.:
The claimant’s disability concededly resulted from diphtheria, a germ disease. The testimony of the attending physician is positive upon these propositions, and there is no dispute. The claimant testified in effect that he was employed as a carpenter and millwright; that, on the 12th day of May, 1919, he was obliged in the course of his employment to enter a pit below the .floor level; that this pit was about twenty inches deep; that he was obliged to lie down to perform the work; that the pit was damp; .that he was also obliged to go out into the rain to get materials and his…
2Cases cited3 opinions
- Matter of Eldridge v. . Endicott, Johnson Co.New York Court of Appeals · 1920
- Claim of Woodruff v. R. H. Howes Construction Co.New York Court of Appeals · 1920
- Matter of Bloomfield v. . NovemberNew York Court of Appeals · 1918
3Cited by3 opinions
- Frost v. Idaho Gold Dredging Co.Idaho Supreme Court · 1934
- D'Oliveri v. Austin, Nichols & Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Connelly v. Hunt Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1925