Matter of Newham v. . Chile Exploration Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 10,1921, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. Newham was engaged in the performance of a maritime contract when injured, and, therefore, the state industrial commission was without jurisdiction to make an award in his favor.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 10,1921, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. Newham was engaged in the performance of a maritime contract when injured, and, therefore, the state industrial commission was without jurisdiction to make an award in his favor. (Matter of Lorchitsky v. Gotham F. B. Co., 230 N. Y. 8; Matter of Post v. Burger & Gohlke, 216 N. Y. 544; Matter of Doey v. Howland Co., 224 N. Y. 30; Jacowicz v. D., L. & W. R. R., 87 N. J. L. 273;…
1Opinion of the CourtCrane, J.
We have held in Matter of Doey v. Howland Co. (224 N. Y. 30) and in Matter of Anderson v. Johnson Lighterage Co. (224 N. Y. 539) and in Matter of Keator v. Rock Plaster Manufacturing Co. (224 N. Y. 540) that if the employee was engaged at the time of his injury in the performance of a maritime contract the state did not have jurisdiction of the matter and the Workmen’s Compensation Law did not apply. This is the deduction which we have made from the cases of Southern Pacific Co. v. Jensen (244 U. S. 205) and Knickerbocker Ice Co. v. Stewart (253 U. S. 149).
It remains, therefore, for us to…
2Cases cited6 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
- Claim of Doey v. Clarence P. Howland Co.New York Court of Appeals · 1918
- Matter of Keator v. . Rock Plaster Manufacturing CompanyNew York Court of Appeals · 1918
- Matter of Anderson v. . Johnson Lighterage CompanyNew York Court of Appeals · 1918
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3Cited by32 opinions
- State Industrial Comm'n of NY v. Nordenholt Corp.Supreme Court of the United States · 1922
- Claim of Ahern v. South Buffalo Railway Co.New York Court of Appeals · 1952
- Security Pacific National Bank v. EvansAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Estate of RougeronNew York Court of Appeals · 1966
- Brody v. P. J. LeamyNew York Supreme Court · 1977
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