Claim of McIntosh v. E. F. Hauserman Co.

Reynolds, J. (dissenting).

Under the rule laid down in Matter of Delinousha v. National Biscuit Co. (248 N. Y. 93) the injury must cause a disease of the mind or a brain derangement which in turn causes the suicide in order for the suicide to be compensable. It was there pointed out that if the suicide is the result of sane conditions such as discouragement or melancholy the death is not compensable and more recent cases have held that remorse, depression, personality change, and despondency in the absence of testimony indicating a disease or brain derangement are insufficient (cf. Matter of…