Legal Opinion

Claim of Fish v. Smithville Volunteer Fire Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 1960PublishedCited by 3 opinions

1Opinion of the Court

Appeal from decision of the Workmen’s Compensation Board which found decedent died from work activities in the course of his duties as a volunteer fireman. On November 8, 1956, while helping as a volunteer fireman, the decedent collapsed and upon his arrival at a hospital, was pronounced dead. There was no autopsy. The testimony established that he ran back and forth on errands associated with the fighting of the fire, in the course of which he collapsed. It is undisputed that such activities constituted strenuous physical exertion. He had been in prior good health with no apparent heart…

2Cases cited3 opinions

  1. Matter of Green v. GeigerNew York Court of Appeals · 1939
  2. Green v. GeigerAppellate Division of the Supreme Court of the State of New York · 1938
  3. Claim of Green v. GeigerAppellate Division of the Supreme Court of the State of New York · 1938

3Cited by3 opinions

  1. Delaware MacHinery & Tool Company v. YatesIndiana Court of Appeals · 1976
  2. City of Houston v. CaldwellCourt of Appeals of Texas · 1979
  3. Delaware MacHinery & Tool Company v. YatesIndiana Court of Appeals · 1976

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