Hyperlawhypertext legal databasebeta Claim of Rothwell v. Shipley Construction & Supply Co. 244 N.Y. 558

← Cases

Claim of Rothwell v. Shipley Construction & Supply Co.

244 N.Y. 558 Court N.Y. Decision date 1927-01-25 English

Contents

Majority

p. 558
In the Matter of the Claim of Harry D. Rothwell, Respondent, against Shipley Construction and Supply Company et al., Appellants. State Industrial Board, Respondent.

Headnote

Workmen’s compensation — master and servant — award for insanity resulting from injury.
Rothwell v. Shipley Construction & Supply Co., 215 App. Div. 851 , affirmed.
(Argued January 10, 1927;
decided January 25, 1927.)
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 6, 1926, unanimously affirming an award of the State Industrial Board made under the Workmen’s Compensation Law! Claimant, as the result of an injury received in the course of his employment, partially lost the use of his right leg and received an award therefor. It was further found, thereafter, that as a result of worry and mental anxiety caused by the injury claimant became insane and an award for
p. 559
total disability was allowed him. Appellants question the validity of the latter award.
William B. Davis and E. S. Sherwood for appellants.
Albert Ottinger, Attorney-General (E. C. Aiken of counsel), for respondents.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews and Lehman, JJ. Not sitting: Kellogg, J. ■