Opinion · Nylaw New York

MATTER OF KRAKAT v. WEATHERWAX, 251 App. Div. 912 (1937)

In the Matter of Claim of KARL KRAKAT, Respondent, against HARRY B.WEATHERWAX & Another, as Receivers of the UNITED TRACTION COMPANY,Appellants.STATE Indus. Bd., Respondent., 251 A.D. 912 (Appellate Division of the Supreme Court of New York, Third Department. 1937)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1937-07-02
Topic: general

MATTER OF KRAKAT v. WEATHERWAX, 251 App. Div. 912 (1937) In the Matter of the Claim of KARL KRAKAT, Respondent, against HARRY B.WEATHERWAX and Another, as Receivers of the UNITED TRACTION COMPANY,Appellants.STATE INDUSTRIAL BOARD, Respondent.Appellate Division of the Supreme Court of New York, Third Department. July 2, 1937. Appeal from State Industrial Board.

Citator

UpLaw has not yet analyzed MATTER OF KRAKAT v. WEATHERWAX, 251 App. Div. 912 (1937). The absence of a flag is not a finding that it is good law.

MATTER OF KRAKAT v. WEATHERWAX,251 App. Div. 912(1937)

In the Matter of the Claim of KARL KRAKAT, Respondent, against HARRY B.

WEATHERWAX and Another, as Receivers of the UNITED TRACTION COMPANY,

Appellants.

STATE INDUSTRIAL BOARD, Respondent.

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

July 2, 1937.

Appeal from State Industrial Board.

Claimant was injured by a chip of steel striking him in his left eye and causing a traumatic cataract as the result of which he suffered a 100 per cent loss of vision of the eye. The appellant here questions the causal relation and the excuse of failure to give notice. The claimant testified that he reported the accident to his foreman at the time it happened and also that two of his fellow coemployees attempted to give him first aid. The employer failed to send claimant to a doctor and the day following the accident he was laid off. There is medical evidence that the cataract was caused by the trauma. Award unanimously affirmed, with costs to the State Industrial Board.

Present — Hill, P.J., Rhodes, McNamee, Bliss and Heffernan, JJ.