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STITES v. REX BAR ET AL. (03/17/64)

March 17, 1964

STITES
v.
REX BAR ET AL., APPELLANTS.



Appeal, No. 218, Oct. T., 1963, from judgment of Court of Common Pleas No. 4 of Philadelphia County, Sept. T., 1962, No. 695, in case of Mrs. Mary Stites, widow of Francis Xavier Stites, v. Rex Bar et al. Judgment affirmed.

COUNSEL

Joseph J. Murphy, with him John F. Dougherty, Jr., and Murphy & Senesky, for appellants.

Harris I. Weisbord, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Watkins

[ 202 Pa. Super. Page 588]

OPINION BY WATKINS, J.

This is an appeal from the judgment of the Court of Common Pleas No. 4 of Philadelphia County in which the court below entered judgment on a decision of the Workmen's Compensation Board, awarding compensation to Mrs. Mary Stites, widow of Francis Xavier Stites, the decedent claimant. The court below states the history and the issue as follows:

"The decedent was employed as a bartender by the defendant. On February 24, 1953, he lacerated his fourth and fifth fingers of his right hand while working. His cut fingers did not heal and they became infected. He was admitted to the Hahnemann Hospital, Philadelphia, on March 11, 1953. At the hospital, it was determined that the decedent was suffering from a pre-existing vascular deformity of his right arm, an aneurysm, and various surgical procedures were attempted

[ 202 Pa. Super. Page 589]

    to correct this condition. Surgery was also performed to attempt to eliminate the infection of his fingers.

"During the surgical intervention of his arm on March 31, 1953, the subclavian and inominate arteries of decedent's right arm were damaged. This damage caused decedent to suffer hemiplegia to his left side and thrombosis involvement to his right carotid artery, right subclavian vein and artery, and the right middle cerebral artery. The damage reaction also resulted in a massive infarction of the right cerebral hemisphere, pulmonary congestion and finally death on April 3, 1953. The decedent never regained consciousness following this final operation. At the time of his death, he was 27 years of age.

"The sole issue presented by this appeal is whether the Board's finding in favor of the claimant is based upon competent medical evidence that the accident suffered by the decedent is causally connected with his death which occurred on the thirty-eighth day after his fingers were lacerated."

There is testimony in the record from the wife-appellee who married the decedent on February 20, 1952 and from his father, that the decedent's health was "very ...


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