Claim of Donlon v. Kips Bay Brewing & Malting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Kips Bay Brewing and Malting Company and another, from an award of the State Industrial Commission, made on the 8th day of May, 1919.
1Opinion of the Court
H. T. Kellogg, J.:
The deceased was found dead at the bottom of an elevator shaft in the plant of his employer at about eleven-thirty o’clock in the forenoon. His regular work consisted of carrying and emptying buckets of beer, and was performed in a cellar room of the brewery in which he was employed. Adjoining this room was a lunch room in which the men employed in the cellar took their lunch between the hours of eleven and twelve. The room in which the deceased worked was window- less, cold, wet, and badly ventilated. For this reason the deceased and his fellow-employees, after their lunch,…
2Cases cited3 opinions
- McInerney v. Buffalo & Susquehanna RailroadNew York Court of Appeals · 1919
- Matter of Driscoll v. . Henry Gillen Sons LighterageNew York Court of Appeals · 1919
- Claim of Driscoll v. Henry Gillen & Sons, Lighterage, Inc.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by8 opinions
- Conklin v. Kansas City Public Service Co.Missouri Court of Appeals · 1931
- Tennessee Chemical Co. v. SmithTennessee Supreme Court · 1921
- Cardona v. Comisión IndustrialSupreme Court of Puerto Rico · 1940
- Claim of Ross v. HowiesonAppellate Division of the Supreme Court of the State of New York · 1921
- Matter of Capraro v. Matrix Absence Mgt.Appellate Division of the Supreme Court of the State of New York · 2020
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