MATTER OF ERDE v. MORRIS ERDE, INC.


9 A.D.2d 797 (1959)

In the Matter of the Claim of Ben Erde, Respondent, v. Morris Erde, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

November 13, 1959


The claimant, who was an executive in and part owner of the appellant employer, testified that on the morning of November 12, 1955 he went out into the bakery and being unable to find a porter, lifted two 100-pound bags of flour, poured some flour into a tub and while lifting the tub, which weighed about 40 pounds, experienced a pain in his chest, a shortness of breath and broke out in a sweat. He stated that he went home at noon feeling very bad, was awakened once in the...

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