From Casetext: Smarter Legal Research

Matter of Comstock v. Goetz Oil Corp.

Appellate Division of the Supreme Court of New York, Third Department
Jun 16, 1955
286 AD 132 (N.Y. App. Div. 1955)

Opinion


286 A.D. 132 142 N.Y.S.2d 217 Matter of the Claim of Gladys B. COMSTOCK (William I. Comstock, deceased), Respondent, v. GOETZ OIL CORPORATION and Glens Falls Indemnity Company, Appellants. Workmen's Compensation Board, Respondent. Supreme Court of New York, Third Department June 16, 1955.

         Brown, Kelly, Turners&sSymons, Buffalo (Noel S. Symons, Thomas J. Kelly, Buffalo, of counsel), for appellants.

         Jacob K. Javits, Atty. Gen., of New York (Roy Wiedersum and Gilbert M. Landy, Asst. Attys. Gen., of counsel), for respondent Workmen's Compensation Board.

         John C. Ward, Buffalo, for claimant.

         Before FOSTER, P. J., and COON, HALPERN, IMRIE, and ZELLER, JJ.

         COON, Justice.

         The only proof that decedent sustained any accident in his employment is hearsay evidence, consisting of testimony of members of his family to statements made to them by decedent. This testimony was admissible and sufficient to establish accident and injury only 'if corroborated by circumstances or other evidence.' Workmen's Compensation Law, § 118.

         This case presents an unusual problem in hearsay cases. The medical testimony shows that at some time and in some manner decedent sustained a head injury which eventually led to his hospitalization and a cranial operation, from which he died. The only evidence as to what happened and when it happened and where it happened depends upon statements made by decedent, which are in serious conflict.

         Decedent was employed as a night watchman by an oil company, and as part of his duties was required to wash one oil truck each night. His widow testified that on the morning of September 20, 1952, he returned from work and told her that he had fallen from a truck, and that she found a cut over his eye and a bruised shoulder and hip. There is testimony from other members of decedent's family that he told them that he fell from a truck at the plant, but that, of course, is merely another hearsay statement which is of no value as corroboration.

         On the other hand, there is testimony of a coemployee of decedent that on the same morning of September 20th and before decedent left the job, the coemployee noticed a band-aid over decedent's eye and testified that decedent told him he fell from a ladder at home. There is testimony of two other coemployees to the same effect. Decedent returned to work on the night of September 20th and worked for two more nights, although he was not required to wash any trucks because it was known to his coemployees and the plant superintendent that he had sustained an injury. None of his coemployees knew, however, of any accident at the plant, or that decedent claimed to have had an accident at the plant. In fact, decedent had told them to the contrary. Mr. Hughes, the plant superintendent, testified that he talked with decedent on September 22d and asked him what happened, and decedent said: 'I fell. I fell off a ladder. I was painting at home and fell off a ladder.' Hughes testified further that he specifically asked decedent if he was hurt on the job, and 'he said 'No' he was hurt at home.' Such statements to his employer and coemployees, while hearsay, are declarations against interest and would be receivable as common-law evidence.

         Considerable evidence was offered tending to show that decedent had done no painting at home, and that there was no ladder at his home. Such negative testimony has a bearing upon the credibility of decedent's statements to coemployees, but it is not corroboration of his statement that he fell at the plant.

         We do not find in this record any circumstances or any other evidence which corroborates the hearsay statements alleged to have been made by decedent to the effect that he was hurt at work. Moreover, those statements are somewhat weakened by his other conflicting statements. Belcher v. Carthage Machine Co., 224 N.Y. 326, 120 N.E. 735; Ptaszynski v. American Sugar Refining Co., 280 A.D. 905, 112 N.Y.S.2d 543, affirmed 305 N.Y. 833, 114 N.E.2d 38; Cholet v. R. H. Macys&s Co., Inc., 285 A.D. 1095, 139 N.Y.S.2d 373.

         To support an award based on hearsay declarations there must be competent evidence presented which shows facts or circumstances which have a natural and real tendency to corroborate and which independently cause the mind to turn in the direction taken by the hearsay. It is not enough that there be something shadowy and speculative which could possibly be strained in the direction of corroboration.

         Sometimes, of course, the injury itself, and its nature, may be adequate corroboration. That depends upon the circumstances in each case. But the value of such a factor as corroboration is greatly lessened or vanishes entirely when there are two hearsay versions of the manner in which the injury was sustained.

         The award should be reversed, with costs to appellants against the Workmen's Compensation Board, and the matter remitted to the Workmen's Compensation Board.

         Award reversed and matter remitted to the Workmen's Compensation Board, with costs against the Workmen's Compensation Board.

         FOSTER, P. J., and HALPERN, IMRIE and ZELLER, JJ., concur.

Summaries of

Matter of Comstock v. Goetz Oil Corp.

Appellate Division of the Supreme Court of New York, Third Department
Jun 16, 1955
286 AD 132 (N.Y. App. Div. 1955)
Case details for

Matter of Comstock v. Goetz Oil Corp.

Case Details

Full title:In the Matter of the Claim of GLADYS B. COMSTOCK, Respondent, against…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jun 16, 1955

Citations

286 AD 132 (N.Y. App. Div. 1955)
286 App. Div. 132
142 N.Y.S.2d 217

Citing Cases

Matter of Guggenheim v. C. Hedke Company

While admissible, such evidence will support an award only if corroborated by "circumstances or other…

Terry Motor Company v. Mixon

"However, in cases arising under workmen's compensation laws in the various states declarations against…