Travelers Insurance v. Louis Padula Co.
New York Court of Appeals
Appeal from a judgment, entered June 12, 1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint, sustained such demurrer and directed a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCollin, J.
The action is based upon the provisions of section 29 of the Workmen’s Compensation Law (Cons. Laws, ch. 67, as amd. by L. 1916, ch. 622). The section, prior to amendments (Laws of 1917, chapter 705, section 8) inapplicable here, was: “ Subrogation to remedies of employees.— If an employee entitled to compensation under this chapter be injured or killed by the negligence or wrong of another not in the same employ, such injured employee, or in case of death, his dependents, shall, before any suit or claim under this chapter, elect whether to take compensation under this chapter or to pursue…
2Cases cited7 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Matter of MeyerNew York Court of Appeals · 1913
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
- Shanahan v. . Monarch Engineering Co.New York Court of Appeals · 1916
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3Cited by63 opinions
- Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
- Cimo v. State of New YorkNew York Court of Appeals · 1953
- Phoenix Indemnity Co. v. Staten Island Rapid Transit Railway Co.New York Court of Appeals · 1929
- Travelers Insurance v. Brass Goods Manufacturing Co.New York Court of Appeals · 1925
- McNally v. AddisAppellate Division of the Supreme Court of the State of New York · 1970
58 more not listed; retrieve them via the Exa API.