← Cases

Claim of Weiss v. Buffalo Scale Co.

262 A.D. 979 Court N.Y. App. Div. Decision date 1941-09-24 English

Contents

Majority

p. 979
In the Matter of the Claim of Frances Weiss, Respondent, against Buffalo Scale Co., Inc., and The State Insurance Fund, Appellants. State Industrial Board, Respondent.

Appeal by employer and insurance carrier from an award of death benefits to the widow of a deceased employee. The sole question is whether the decedent’s death was caused by an accidental injury which arose out of and in the course of his employment. He died from a heart attack while engaged in his employment. It has been found that the attack was brought on by unusual efiort and activity. There is evidence to sustain this finding. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Bliss, Heffernan, Schenck and Foster, JJ.