Legal Opinion

Claim of Feldman v. A. B. C. Vending Corp.

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

Decided April 13, 1962PublishedCited by 1 opinion

1Opinion of the CourtHerlihy, J.

Claimant appeals from a decision denying death benefits.

The decedent was working in a newsstand located on a subway platform at 8th Avenue and 42nd Street, New York City. A fellow employee testified that a customer came to the stand and reported there was a fire. The witness said he saw no evidence of a fire or any smoke but that shortly thereafter the decedent left the stand and went to the edge of the platform to investigate and while looking down the track he was struck *190and instantly killed by a subway train entering the station. The witness further stated he knew of an oral rule that the…

2Cases cited9 opinions

  1. Claim of Burns v. Merritt Engineering Co.New York Court of Appeals · 1951
  2. Matter of Dann v. Town of VeteranNew York Court of Appeals · 1938
  3. Claim of Chila v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1937
  4. Fox v. Truslow & Fulle, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
  5. Matter of Chila v. New York Central Railroad CompanyNew York Court of Appeals · 1937

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3Cited by1 opinion

  1. Patterson v. State Accident Insurance Fund Corp.Court of Appeals of Oregon · 1983

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