Matter of Hynes v. . Pullman Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 2, 1917, unanimously affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The record present's a question of law which has survived the unanimous affirmance.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 2, 1917, unanimously affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. The record present's a question of law which has survived the unanimous affirmance. (Matter of Glatzl v. Stumpp, 220 N. Y. 71; Matter of Ziegler v. Cassidy’s Sons, 220 N. Y. 98; Matter of Bowne v. Bowne Co., 221 N. Y. 28.) There cannot be a verdict based on inferences from inferences. One…
1Opinion of the CourtAndrews, J.
On May 5, 1916, Dennis E. Hynes wounded his finger with a tack while engaged as a car cleaner. He continued his work until May 11. By ‘ that time his finger and arm had become infected, but he. reported to his employer in good faith that he had rheumatism. He later underwent several operations. He did not give written notice of the accident until July 28th.
Under these circumstances the commission finds that the employer was not prejudiced by the failure to give notice “ for the reason that there was no one present when the accident occurred and, therefore, the employer could obtain no…
2Cases cited1 opinion
- Matter of Bloomfield v. . NovemberNew York Court of Appeals · 1918
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