Hyperlawhypertext legal databasebeta Claim of Francavilla v. C. T. Mitchell, Inc. 231 N.Y. 510

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Claim of Francavilla v. C. T. Mitchell, Inc.

231 N.Y. 510 Court N.Y. Decision date 1921-03-22 English

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p. 510
In the Matter of the Claim of Peter Francavilla, Respondent, against C. T. Mitchell, Incorporated, et al., Appellants. State Industrial Commission, Respondent.

Headnote

Workmen’s Compensation Law—award properly allowed for hernia resulting from overreaching in course of employment.
Francavilla v. Mitchell, Inc., 194 App. Div. 929 , affirmed.
(Argued March 3, 1921;
decided March 22, 1921.)
Appeal from an order of the Appell'ate Division of the Supreme ’ Court in the third judicial department,
p. 511
entered November 24, 1920, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. Claimant suffered from a strangulated hernia with abscess formation. There was evidence tending to show that it was caused by overreaching while engaged in his work as a plasterer.
William H. Foster and James B. Henney for appellants.
Charles D. Newton, Attorney-General (E. C. Aiken of. counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Cardozo, Pound, McLaughlin, Crane and Andrews," JJ.