Claim of Knittle v. Cassidy Co. — 241 N.Y. 522

Majority

p. 522

In the Matter of the Claim of Magdalena Knittle, Respondent, against Cassidy Co., Inc., et al., Appellants. State Industrial Board, Respondent.

Headnote

Workmen's compensation — death of workman from sarcoma which developed from injury — notice to employer.

Matter of Knittle v. Cassidy Co., Inc., 213 App. Div. 843 , affirmed.

(Argued October 6, 1925;

decided October 20, 1925.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 23, 1925, modifying and affirming as modified an award of the State Industrial Board made under the Workmen’s Compensation Law. Claimant’s husband died from sarcoma which developed from an accidental injury received in the course of his employment about sixteen months prior to his death. It was claimed that no notice of the particular injury from which sarcoma developed was given to the employer until seven or eight

p. 523

weeks after the accident and that knowledge upon the part of the employer of the accident and that decedent was otherwise injured was insufficient.

William H. Foster and T. Carlyle Jones for appellants.

William V. Hagendorn for claimant, respondent.

Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for State Industrial Board, respondent.

Order affirmed, with costs; no opinion.

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