Jessup v. Jessup and Stevens Garage
| Decision Date | 19 October 1961 |
| Citation | 221 N.Y.S.2d 736,10 N.Y.2d 854,178 N.E.2d 437 |
| Parties | , 178 N.E.2d 437 In the Matter of the Claim for Death Benefits made by Dorothy JESSUP, Widow, Claimant-Respondent, v. JESSUP AND STEVENS GARAGE, Employer, et al., Appellants, Workmen's Compensation Board, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 12 A.D.2d 699, 207 N.Y.S.2d 609.
The Workmen's Compensation Board rendered a decision and made an award for disability and death benefits, predicated on a finding that work of deceased employee as a garage employee aggravated his preexisting rheumatic heart disease, causing his death, and the employer and its insurance carrier appealed.
The Appellate Division affirmed the decision and award and held that the evidence sustained the findings that the work of the deceased employee in lubricating automobiles continuously for two to two and one-half hours with five-pound grease gun aggravated pre-existing heart disease, causing the death of the deceased employee, and that his work involved more than normal exertion. Herlihy and Reynolds, JJ., dissented.
The employer and its insurance carrier appealed to the Court of Appeals.
Philip J. Caputo, New York City, for appellants.
Louis J. Lefkowitz, Atty. Gen. , for respondent Workmen's Compensation Board.
Order affirmed, with costs to respondent Workmen's Compensation Board.
All concur except FULD and VAN VOORHIS, JJ., who dissent and vote to reverse and to dismiss the claim on the dissenting memorandum of Herlihy and Reynolds, JJ., at the Appellate Division.
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...and wasteful ceremony' (Matter of Jessup v. Jessup & Stevens Garage, 12 A.D.2d 699, 700, 207 N.Y.S.2d 609, 612, affd. 10 N.Y.2d 854, 221 N.Y.S.2d 736, 178 N.E.2d 437). Determination confirmed and petition dismissed, with GIBSON, P.J., and GREENBLOTT, J., concur. HERLIHY and STALEY, JJ., dis......
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