Matter of Mills v. North American Cement Corp.

Full title: In the Matter of the Claim of CLARK MILLS, Respondent, against NORTH…

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

Date published: Nov 1, 1934

242 App. Div. 883 (N.Y. App. Div. 1934)

Opinion

November, 1934.

Award affirmed, with costs to the State Industrial Board. Hill, P.J., Rhodes, Crapser and Heffernan, JJ., concur; McNamee, J., concurs, with a memorandum.

McNAMEE, J.

I concur for affirmance. The finding of fact that the claimant suffered from heart disease before the accident is unnecessary to sustain the award, as the evidence is sufficient to justify the award as made apart from the condition of claimant's heart prior to the accident.