MTR. OF KELLER v. MONTGOMERY WARD & CO.


2 A.D.2d 402 (1956)

In the Matter of the Claim of Emma Keller, Respondent, v. Montgomery Ward & Co., Incorporated, Appellant. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 9, 1956.


Attorney(s) appearing for the Case

Thomas W. Madden for appellant.

Jacob K. Javits, Attorney-General (Gilbert M. Landy and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., BERGAN, COON and GIBSON, JJ., concur.


ZELLER, J.

Decedent was employed as a serviceman at the employer's retail store in Jamaica, New York. The only proof that decedent sustained any accident during his employment is hearsay evidence. Decedent's widow, claimant herein, testified that in mid-September, 1947, decedent returned home from his work one hour earlier than usual and told her that while working in the home of a customer he lifted a heavy appliance and suffered severe pains in his...

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