MATTER OF MORRELLO v. S. H. KRESS & CO.


6 A.D.2d 929 (1958)

In the Matter of the Claim of Mary Morrello, on Behalf of Herself and Minor Children, Respondent, v. S. H. Kress & Co. et al., Appellants. Workmen's Compensation Board, Respondent

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

July 3, 1958


The claim is based on a purported aggravation of a carcinoma of the stomach from accidental causation when a truck moved while decedent was lifting and trying to hold a carton. It is now almost nine years since the accident happened in November, 1949. On a prior appeal (285 App. Div. 917) in 1955 we reversed an award and remitted the claim to the board. The memorandum of the court indicates that while the question of causal relation seemed to be one of fact with which we...

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