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TEMPLE v. LUMBER MUTUAL CASUALTY INS. CO. OF NEW YORK

No. 12283.

250 F.2d 748 (1958)

Jean TEMPLE, Plaintiff-Appellant, v. LUMBER MUTUAL CASUALTY INSURANCE COMPANY OF NEW YORK, Now Known as New York Mutual Casualty Insurance Company, Defendant-Appellee.

United States Court of Appeals Third Circuit.

Decided January 2, 1958.

Attorney(s) appearing for the Case

Robert C. Gruhin, Jersey City, N. J., for appellant.

Willard G. Woelper, Newark, N. J. (Toner, Crowley, Woelper & Vanderbilt Newark, N. J., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Charles Temple, thirty-five years old, went to work for Storch Trucking Company in July, 1945, and worked steadily until November when he was laid off for about four weeks. He returned to his employment on November 28th and the next day worked for twelve hours. He came home on November 29th "in poor condition". About midnight he suffered severe pains in his chest and a few hours later the pains recurred. He reported to work, however, at...

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