MTR. OF KLIMAS v. TRANS CARIBBEAN AIRWAYS


10 N.Y.2d 209 (1961)

In the Matter of the Claim of Mary R. Klimas, Appellant v. Trans Caribbean Airways, Inc., et al., Respondents. Workmen's Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1961.


Attorney(s) appearing for the Case

Abraham Markhoff and Harry J. Ruthoser for appellant.

Morgan F. Bisselle and Warren C. Tucker for Trans Caribbean Airways, Inc., and another, respondents.

No appearance for Workmen's Compensation Board, respondent.

Judges DYE, BURKE and FOSTER concur with Judge FROESSEL; Chief Judge DESMOND dissents in an opinion in which Judges FULD and VAN VOORHIS concur.


FROESSEL, J.

Decedent, 33 years old, with no prior known history of heart disease, died on March 10, 1956 of a myocardial infarction. His death occurred eight months after a general checkup — made when applying for his pilot's license — disclosed his physical condition to be essentially normal.

The Appellate Division found that the record contained substantial medical testimony (including...

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