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Cook v. New York Central Railroad

296 N.Y. 576 Court N.Y. Decision date 1946-07-23 English

Decision Majority · Dissent — Fuld, J.,

Contents
p. 576
In the Matter of the Claim of Luther E. Cook, Respondent, against New York Central Railroad Company, Appellant. Workmen’s Compensation Board et al., Respondents.
Argued June 6, 1946;
decided July 23, 1946.
p. 578
Robert E. Whalen, Charles E. Nichols and Sherman A. Murphy, Jr. for appellant.
Nathaniel L. Goldstein, Attorney-General (Roy W eider sum of counsel), for Workmen’s Compensation Board, respondent.
John M. Cullen for Special Fund for Reopened Cases, respondent.

Order affirmed, with costs; no opinion.

Concur: . Loughran, Oh. J., Lewis, Conway, Desmond and Thacher, JJ.

dissents on the ground that the voluntary and gratuitous payment of drug or medical bills is not “ payment * * * of compensation previously awarded ” within the meaning of section 25-a of the Workmen’s Compensation Law. Taking no part: Dye, J.