Legal Opinion

Claim of Franck v. Allen

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

Decided May 8, 1946PublishedCited by 10 opinions

1Opinion of the Court

Appeal by an employer and insurance carrier from an award in claimant’s *961favor. Claimant was employed as a farm hand. On April 9, 1942, he was sweeping up the floor of the cow barn. He noticed an oblong shell-like object on the floor of the barn and he picked it up. It proved to be a dynamite cap. He attempted to remove the powder by knocking the shell but did not succeed. He then picked up a nail from a window sill, inserted it in the- cap with the result that the powder exploded and claimant suffered injuries. The board found that claimant’s injuries arose out of and in the course of his…

2Cases cited5 opinions

  1. Claim of Miles v. Gibbs & Hill, Inc.New York Court of Appeals · 1929
  2. Claim of Derby v. International Salt Co.Appellate Division of the Supreme Court of the State of New York · 1931
  3. Claim of Pedersen v. NelsonAppellate Division of the Supreme Court of the State of New York · 1944
  4. Claim of Richards v. CreamerAppellate Division of the Supreme Court of the State of New York · 1944
  5. Claim of Van Buren v. M. Vener Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 1940

3Cited by10 opinions

  1. Secor v. Penn Service GarageSupreme Court of New Jersey · 1955
  2. Southern Cotton Oil Co. v. BruceSupreme Court of Alabama · 1947
  3. Jordan v. Dixie Chevrolet, Inc.Supreme Court of South Carolina · 1950
  4. Boyd v. Florida Mattress Factory, Inc.Supreme Court of Florida · 1961
  5. Eagle-Picher Company v. McGuireSupreme Court of Oklahoma · 1957

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