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Claim of Drum v. Stebbins

251 A.D. 759 Court N.Y. App. Div. Decision date 1937-05-05 English

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p. 759
In the Matter of the Claim of Mrs. Alice E. Drum, Respondent, against Mrs. H. C. Stebbins and Another, Appellants. State Industrial Board, Respondent.

Decedent was engaged in operating a power-driven lawn-mower. The mechanism would drive it forward but not in reverse. The machine, weighing approximately 300 pounds, became mired in a swampy part of the lawn. In withdrawing the machine from the mire decedent ruptured internal blood vessels; an operation followed. He died from the effects of the rupture and the operation. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Heffernan, JJ.