Legal Opinion

Matter of Post v. . Burger Gohlke

New York Court of Appeals

Decided January 11, 1916PublishedCited by 109 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 4, 1915, affirming an award of the state workmen’s compensation commission. The facts, so far as material, are stated in the. opinion. The rules of statutory construction of this state forbid giving to the operation of the Workmen’s Compensation Act any extraterritorial effect.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 4, 1915, affirming an award of the state workmen’s compensation commission. The facts, so far as material, are stated in the. opinion. The rules of statutory construction of this state forbid giving to the operation of the Workmen’s Compensation Act any extraterritorial effect. (Goodwin v. Young, 34 Hun, 252; American Radiator Co. v. Rogge, 92 Atl. Rep. 85; Davidheiser v. Hay F. & I. W. Works, 38 N. J. L. 204; Whitford v. Panama R. R. Co., 23 N. Y. 465; McDonald v.…

1Opinion of the CourtChase, J.

Burger & Gohlke, a corporation, is engaged in sheet metal work at Brooklyn, in this state, and for more than two years employed William Post, a resident of Brooklyn, as a sheet metal worker. The contract of employment was made in the state of New York.

On September 1st, 1914, he was sent by his employer to perform certain sheet metal work on a grain elevator in Jersey City, state of New Jersey, and while engaged in his work on that day a sheet of metal slipped from his hands and he received an injury to his wrist, compensation for which has been awarded.

Burger & Gohlke secured compensation for…

2Cases cited23 opinions

  1. Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
  2. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  3. Steamship Co. v. JoliffeSupreme Court of the United States · 1865
  4. Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
  5. Board of Highway Commissioners v. City of BloomingtonIllinois Supreme Court · 1911

18 more not listed; retrieve them via the Exa API.

3Cited by109 opinions

  1. State Industrial Comm'n of NY v. Nordenholt Corp.Supreme Court of the United States · 1922
  2. Bradford Electric Light Co. v. ClapperSupreme Court of the United States · 1932
  3. Westchester Lighting Co. v. Westchester County Small Estates Corp.New York Court of Appeals · 1938
  4. Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
  5. Lundberg v. State of New YorkNew York Court of Appeals · 1969

104 more not listed; retrieve them via the Exa API.

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