Legal Opinion · Dissent
United States Casualty Co. v. North American Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1938Published
1Dissent
Lazansky, P. J., and Taylor, J.
(dissenting). Upon the facts which are set forth in the prevailing opinion, the cause of action pleaded is not barred by the Statute of Limitations. It is a cause of action for medical expenses incurred in effect by the employer in the treatment of his injured employee.
*579At common law an employer need not provide medical attendance for such an employee even in an emergency, unless there is an agreement between them to that effect. (Voorhees v. New York Central & H. R. R. R. Co., 129 App. Div. 780; affd., 198 N. Y. 558; Beekman v. Paskin, 147 Misc. 563.) No such…
2Cases cited4 opinions
- Zurich General Accident & Liability Insurance v. Childs Co.New York Court of Appeals · 1930
- Voorhees v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Voorhees v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1910
- Beekman v. PaskinAppellate Terms of the Supreme Court of New York · 1933