From Casetext: Smarter Legal Research

Matter of Neil v. City of Binghamton

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1935
244 App. Div. 851 (N.Y. App. Div. 1935)

Opinion

May, 1935.

Present — Hill, P.J., Rhodes, McNamee, Crapser and Bliss, JJ.


Claimant was superintendent of parks in the city of Binghamton. On March 29, 1931, while assisting a veterinarian in treating a sick lion he accidentally came into contact with the excreta of the animal, some of it entering his mouth. A short time later claimant's mouth and throat became sore, and the submaxillary or saliva gland became swollen. He consulted a doctor for the first time on June 5, 1931, who found the gland and blood stream infected, and some operative interference necessary. The Industrial Board has found that there was no causal relation between the contact with the excreta of the lion and the injury complained of. There is evidence that the claimant, before the accident, was suffering from various forms of quiescent heart disease. There was substantial evidence, if the Board believed it, to overcome the presumption that the claimant's injury arose out of and in the course of his employment. Claimant's expert witnesses testified to causal relation between the accident and claimant's injury, and the carrier's experts testified that it was impossible for any one to determine such causal relation upon the facts of this case. The Industrial Board were not bound to follow the experts of either party. The finding of the Board has support in the evidence. Decision unanimously affirmed.


Summaries of

Matter of Neil v. City of Binghamton

Appellate Division of the Supreme Court of New York, Third Department
May 1, 1935
244 App. Div. 851 (N.Y. App. Div. 1935)
Case details for

Matter of Neil v. City of Binghamton

Case Details

Full title:In the Matter of the Claim of EDWARD NEIL, Appellant, against THE CITY OF…

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

Date published: May 1, 1935

Citations

244 App. Div. 851 (N.Y. App. Div. 1935)