Legal Opinion

Phœnix Indemnity Co. v. Staten Island Rapid Transit Railway Co.

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

Decided October 1, 1928PublishedCited by 3 opinions

1Opinion of the CourtSeeger, J.

Plaintiff is a domestic insurance corporation. Defendant is a domestic railroad corporation. On and prior to February 24, 1927, Joseph Perroth was in the employ of one Anderson. Said Anderson, in compliance with the provisions of the New York Workmen’s Compensation Law, had insured himself with plaintiff against liability for compensation for injury to his employees, including said Perroth. On February 24, 1927, while acting within the scope of his employment by said Anderson, said Perroth was struck by a train of the defendant, receiving injuries which caused his death solely by reason of…

2Cases cited5 opinions

  1. Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
  2. Claim of the State Treasurer v. West Side Trucking Co.New York Court of Appeals · 1922
  3. New York State Railways v. ShulerSupreme Court of the United States · 1924
  4. Matter of Treasurer, St. of N.Y. v. Niagara Falls PowerNew York Court of Appeals · 1925
  5. Matter of McNamara v. . New York State RailwaysNew York Court of Appeals · 1922

3Cited by3 opinions

  1. Branham v. Terminal Shipping Co.Court of Appeals for the Fourth Circuit · 1943
  2. Terminal Shipping Co. v. BranhamDistrict Court, D. Maryland · 1942
  3. Travelers Insurance v. Staten Island Rapid Transit Railway Co.City of New York Municipal Court · 1929

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