Legal Opinion

Claim of Phillips v. New York Trap Rock Co.

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

Decided September 27, 1935PublishedCited by 3 opinions

1Opinion of the CourtMcNamee, J.

Claimant was employed by the New York Trap Rock Company as a powder and rock man in a stone quarry during *354the year immediately preceding his injury, at a daily wage of four dollars. During half of the months of that year he did not work at all, and for the balance of the period his work was intermittent, enabling him to earn only $248.75. The only evidence of the earnings of others during the preceding year was the payroll of the employee Heck, who was employed about half time at the same work and earned $596.81. Accordingly, subdivisions 1 and 2 of section 14 of the Workmen’s Compensation…

2Cases cited2 opinions

  1. Claim of Ruppert v. Plattdeutsche Volksfest VereinNew York Court of Appeals · 1934
  2. Claim of Damm v. Schreier Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1932

3Cited by3 opinions

  1. Claim of Birch v. BuddAppellate Division of the Supreme Court of the State of New York · 1939
  2. Claim of Dicaro v. FitzgibbonAppellate Division of the Supreme Court of the State of New York · 1936
  3. Claim of Kahl v. Sinclair Refining Co.Appellate Division of the Supreme Court of the State of New York · 1936

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