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KRUPINSKI v. U. S. RADIATOR CORP.

305 N.Y. 732 (1953)

In the Matter of the Claim of Helen Krupinski, Respondent, v. U. S. Radiator Corporation et al., Appellants. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided April 24, 1953

Attorney(s) appearing for the Case

Clyde M. Williams for appellants.

Nathaniel L. Goldstein, Attorney-General (Gilbert M. Landy, Wendell P. Brown and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

Concur: LEWIS, Ch. J., CONWAY, DYE and FULD, JJ. Dissent: DESMOND and FROESSEL, JJ.

Order affirmed, with costs; no opinion.

DESMOND and FROESSEL, JJ., dissent upon the following ground:

There is no medical proof relating the employee's death to any undue strain or exertion encountered in the course of his employment. On the contrary, the only competent medical evidence in the record establishes that the death was the result of the gradual onset of coronary sclerosis; such an event is not an accident in the parlance of the average man. LOUGHRAN...

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