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Carroll v. Knickerbocker Ice Company

113 N.E. 507 (1916)

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Carroll v. Knickerbocker Ice Company

New York Court of Appeals

113 N.E. 507 (1916)

Facts

Myles Carroll was an ice-wagon driver employed by Knickerbocker Ice Company (Knickerbocker) (defendant). Myles claimed that while he was delivering a large block of ice, it fell on him, causing stomach pain. Myles later died. There was no corroboration of Myles’s statement from anyone who was with him during the ice delivery. Myles told his wife, Bridget Carroll (plaintiff) what happened. Myles also told some doctors what happened, but the doctors could not find any evidence of injury. Bridget sued to get Myles’s workmen’s compensation from Knickerbocker. The trial court admitted the hearsay statements made by Myles and awarded Bridget compensation based on those statements. Knickerbocker appealed, but the appeals court upheld the trial court. Knickerbocker appealed to the New York Court of Appeals, New York’s highest court.

Rule of Law

Issue

Holding and Reasoning (Cuddeback, J.)

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