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Matter of Geoghan v. Francis Leggett Premier

Appellate Division of the Supreme Court of New York, Third Department
Dec 2, 1960
12 A.D.2d 669 (N.Y. App. Div. 1960)

Summary

In Matter of Geoghan v. Leggett Premier Food (12 A.D.2d 669), a delivery man carried three bags containing 100 pounds of sugar down a flight of stairs, which work was arduous.

Summary of this case from Matter of Dreier v. S S Gordon Cleaning

Opinion

December 2, 1960


Appeal by the employer and carrier from an award of death benefits. The employer was engaged in the wholesale grocery business and employed decedent as a truck driver and delivery man. On October 16, 1950, decedent made a delivery at a school which required him to carry cases of canned goods and three 100-pound bags of sugar from the truck, down a flight of eight steps, and into the school store room. Almost immediately thereafter decedent suffered a coronary occlusion and died. On appeal from a previous award this court reversed and remitted the case to the Workmen's Compensation Board ( 285 App. Div. 911) largely because the board made findings which were unsupported by any evidence in the record, particularly that decedent carried the bags of sugar instead of using a hand truck. It now appears without dispute that the use of a hand truck was impossible because of the necessity of going down steps, and an eyewitness testified that she saw decedent carry the bags of sugar and learned of his death within 15 minutes. Certainly this was arduous work, and there is medical testimony in the record that this work aggravated a heart condition, and, "This aggravation brought about the final termination." There is substantial evidence to support the award. Award unanimously affirmed, with costs to the Workmen's Compensation Board.

In decisions Nos. 1-50 the court is as follows: Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.


Summaries of

Matter of Geoghan v. Francis Leggett Premier

Appellate Division of the Supreme Court of New York, Third Department
Dec 2, 1960
12 A.D.2d 669 (N.Y. App. Div. 1960)

In Matter of Geoghan v. Leggett Premier Food (12 A.D.2d 669), a delivery man carried three bags containing 100 pounds of sugar down a flight of stairs, which work was arduous.

Summary of this case from Matter of Dreier v. S S Gordon Cleaning
Case details for

Matter of Geoghan v. Francis Leggett Premier

Case Details

Full title:In the Matter of the Claim of ERNA GEOGHAN, on Behalf of Herself and Minor…

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

Date published: Dec 2, 1960

Citations

12 A.D.2d 669 (N.Y. App. Div. 1960)

Citing Cases

Matter of Dreier v. S S Gordon Cleaning

In Matter of Deutsch v. H. S. Dairy Prods. ( 12 A.D.2d 845), a delivery man lifted a 72-pound crate, which…