Legal Opinion

Matter of Pestlin v. Haxton Canning Co.

New York Court of Appeals

Decided July 19, 1949PublishedCited by 4 opinions

1Opinion of the CourtDesmond, J.

From the time of its original enactment (see L. 1913, ch. 816) the New York Workmen’s Compensation Law has expressly excluded from its coverage: “ farm laborers ” (present § 2, subd. 4). None of the hundreds of amendments passed by the Legislature to extend the coverage and increase the benefits of the act, have in any way affected that exclusion. It is, therefore, beyond the power of the board or the court to grant or affirm an award to one injured when working as a farm laborer.

This injured claimant lived across the street from the farm where he was hurt. He had previously worked as a farm…

2Cases cited1 opinion

  1. Taylor v. . BradleyNew York Court of Appeals · 1868

3Cited by4 opinions

  1. Lawrence v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
  2. Reynolds v. PatrickNew York Supreme Court · 1950
  3. Claim of Green v. W. O. Nannen & SonsAppellate Division of the Supreme Court of the State of New York · 1963
  4. Whitworth v. Melvin West/West DairyCourt of Civil Appeals of Oklahoma · 1990

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