Legal Opinion

Matter of Grieb v. . Hammerle

New York Court of Appeals

Decided January 29, 1918PublishedCited by 33 opinions

Appeal from an order of the Appellate. Division, of the Supreme Court in the third judicial department, entered November 19, 1917, affirming an award of the state industrial commission under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The decedent was not engaged in a hazardous employment at the time of his injury within the meaning of the Workmen’s Compensation Law.

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Appeal from an order of the Appellate. Division, of the Supreme Court in the third judicial department, entered November 19, 1917, affirming an award of the state industrial commission under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The decedent was not engaged in a hazardous employment at the time of his injury within the meaning of the Workmen’s Compensation Law. (Newman v. Newman, 218 N. Y. 325; Glatzl v. Stumpp, 220 N. Y. 71; Devoe v. New York State Railways, 169 App. Div. 472; 218 N. Y. 318; Sickles v. Ballston R. S. Co., 171 App. Div. 108;…

1Opinion of the CourtCardozo, J.

The award is for death benefits to the widow and minor child of one Grieb, an employee . (Workmen’s Compensation Law [Cons. Laws, ch. 67], § 16). The employee was a cigar packer in the city of Syracuse. He was a piece worker, receiving $1.25 for packing a thousand cigars. When not busy packing, his custom was. to deliver cigars to customers if so requested by his employer. He did this frequently during working hours. Sometimes he did it after working hours, and then his employer gave him car fares and the price of a drink.

On Saturday, September 30, 1916, Grieb left the factory in the…

2Cases cited4 opinions

  1. Larke v. John Hancock Mutual Life InsuranceSupreme Court of Connecticut · 1916
  2. Matter of De Noyer v. . CavanaughNew York Court of Appeals · 1917
  3. Hartz v. Hartford Faience Co.Supreme Court of Connecticut · 1916
  4. Mann v. Glastonbury Knitting Co.Supreme Court of Connecticut · 1916

3Cited by33 opinions

  1. Claim of Dependents of Marks v. GrayNew York Court of Appeals · 1929
  2. Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
  3. O'Rourke v. Percy Vittum Co.Supreme Court of Minnesota · 1926
  4. Chapman's CaseMassachusetts Supreme Judicial Court · 1947
  5. Cassell v. United States Fidelity & Guaranty Co.Texas Supreme Court · 1926

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