Matter of Di Salvio v. . Menihan 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 May 27, 1918, 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. injury did not arise out of and in the course of the employment.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 27, 1918, 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. injury did not arise out of and in the course of the employment. (Matter of Daly v. Bates & Roberts, 224 N. Y. 126; Matter of Gifford v. Patterson, 222 N. Y. 4; Matter of Sanger v. Locke, 220 N. Y. 556; Matter of De Fillippis v. Faulkenberg, 170 App. Div. 153; 219 N. Y. 581; Matter of…
1Opinion of the Court
Hiscock, Ch. J.
We are unable to see how the award in this case can be sustained. As found by the industrial commission the claimant was in the employ of defendant Menihan Company, which was engaged in the manufacture of shoes, and his duties consisted in marking soles with a rubber hand stamp. At the time of the accident he “ had crossed the room in which he was working to talle to a fellow-employee who had been drafted and who would be required to leave work on account of the draft in a little while. Di Salvio wished to say good-by to the drafted man before he went to the front, and while…
2Cases cited6 opinions
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- Claim of Waters v. William J. Taylor Co.New York Court of Appeals · 1916
- Mann v. Glastonbury Knitting Co.Supreme Court of Connecticut · 1916
- Northwestern Iron Co. v. Industrial CommissionWisconsin Supreme Court · 1915
- Claim of Gifford v. T. G. Patterson, Inc.New York Court of Appeals · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
- Cassell v. United States Fidelity & Guaranty Co.Texas Supreme Court · 1926
- Sichterman v. Kent Storage Co.Michigan Supreme Court · 1922
- Matter of Clark v. . VoorheesNew York Court of Appeals · 1921
- D'Agostino v. WagenaarNew York Supreme Court · 1944
31 more not listed; retrieve them via the Exa API.