MATTER OF NAPOLITANO v. FUSCO


9 A.D.2d 802 (1959)

In the Matter of the Claim of Mary Napolitano, on Behalf of Herself and Minor Child, Respondent, v. Frank A. Fusco, Doing Business as Midland Carting Company, 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


Decedent employee was a truck driver and collector in a carting business. While driving employer's truck on an icy street he suffered a heart attack as a result of which he died. His helper testified that as decedent was driving the truck he told the witness "that we were slipping and skidding" and he was "a little afraid" and "didn't want to hit anything". The helper further testified "he started grabbing the wheel * * * he was complaining, he was getting a pain in his chest...

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