Legal Opinion

Claim of Plass v. Central New England Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1915PublishedCited by 8 opinions

Appeal by The Central New England Railway Company from an award of the Workmen’s Compensation Commission, entered in the office of said Commission on the 25th day of May, 1915, and also from the conclusions of fact and the rulings of law of the Commission.

1Opinion of the Court

Kellogg, J.:

Plass was a section laborer and, as such, in the course of his employment was mowing the right of way of the appellant’s railway. This was done every year and the men were engaged several days in performing that duty. The object in mowing the grass was for the safety of the bridges, the adjoining properties, to keep fires from spreading and to prevent the grass coming up on the tracks, thus causing the engines to slip. In the grass was growing poison ivy and other weeds, and while mowing Plass came in contract with the ivy and was poisoned, became sick.and confined to his bed,…

2Cited by8 opinions

  1. Matter of Connelly v. Hunt Furniture Co.New York Court of Appeals · 1925
  2. Claim of Hiers v. John A. Hull & Co.Appellate Division of the Supreme Court of the State of New York · 1917
  3. Claim of Eldridge v. EndicottAppellate Division of the Supreme Court of the State of New York · 1919
  4. Banister v. State Industrial Accident CommissionOregon Supreme Court · 1933
  5. Connelly v. Hunt Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1925

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