In the Matter of the Claim of Frances Wickes, Respondent, against Village of Gilbertsville and Another, Appellants. State Industrial Board, Respondent

In the Matter of the Claim of Frances Wickes, Respondent, against Village of Gilbertsville and Another, Appellants. State Industrial Board, Respondent. [MAJORITY] Appeal from an award of death benefits. Decedent, employed by a village felt sudden pain in his abdomen while removing small stones from the street with a shovel. He told his wife and the physician that while lifting a shovel of stones his foot, resting upon a stone, turned over and he at once felt a severe abdominal pain. The village authorities stated in the employer’s report of injury that decedent was injured in his regular employment and that the injury consisted of “ wrenching himself while cleaning street, causing rupture of intestine.” The autopsy disclosed a ruptured intestine. A physician testified that the accident “ was the direct cause of his death ” and not carcinoma which encircled an intestine at a place away from the rupture. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.