Legal Opinion

Claim of Stillwagon v. Callan Brothers, Inc.

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

Decided May 8, 1918PublishedCited by 25 opinions

Appeal by the defendants, Callan Brothers, Inc., and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 11th day of December, 1917.

1Opinion of the Court

Woodward, J.:

This claim was originally disallowed, but upon a rehearing the Commission unanimously reversed the deputy making the report, and the employer and insurance carrier appeal to this court, contending that the injuries, which resulted in death to the claimant’s husband, did not arise out of and in the course of his employment.

The Commission has found that Henry Stillwagon was employed by Callan Brothers, Inc., on the 21st day of May, 1917, and that he was engaged in the work of transportation, moving bricks from a car by the use of an automobile truck; that Stillwagon was employed as…

2Cases cited1 opinion

  1. Matter of Heitz v. . RuppertNew York Court of Appeals · 1916

3Cited by25 opinions

  1. Hartford Accident & Indemnity Co. v. CardilloCourt of Appeals for the D.C. Circuit · 1940
  2. Crilly v. BallouMichigan Supreme Court · 1958
  3. Claim of Verschleiser v. Joseph Stern & SonNew York Court of Appeals · 1920
  4. Matter of Industrial Comr. (Siguin) v. McCarthyNew York Court of Appeals · 1946
  5. Matter of Ognibene v. Rochester Manufacturing Co.New York Court of Appeals · 1948

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