Legal Opinion
Claim of Gillette v. Rochester Vulcanite Paving Co.
Appellate Division of the Supreme Court of the State of New York
Decided September 20, 1928PublishedCited by 5 opinions
1Opinion of the CourtVan Kirk, P. J.
There is no dispute in the evidence. The difference of opinion is in the conclusion to be drawn therefrom. The work was the construction of a highway, including the shoulders. The claimant rode to and from the place of work in his foreman’s automobile. Presumably the distance was too great for walking. During the day of the accident the work had been upon the shoulders of the road. The surface of the road at the place where the work was being done had been practically completed; claimant says a sign was up informing the public that they passed at their own risk. In the morning the…
2Cases cited4 opinions
- Claim of Kowalek v. New York Consolidated RailroadNew York Court of Appeals · 1920
- Claim of De Voe v. New York State RailwaysNew York Court of Appeals · 1916
- Claim of Field v. Charmette Knitted Fabric Co.New York Court of Appeals · 1927
- Matter of Lynch v. City of New YorkNew York Court of Appeals · 1926
3Cited by5 opinions
- Claim of Manville v. New York State Department of LaborNew York Court of Appeals · 1944
- Wong Bar v. Suburban Petroleum Transport, Inc.Court of Appeals for the Second Circuit · 1941
- L. W. Edison, Inc. v. TeagardenIndiana Court of Appeals · 1981
- Claim of Parisi v. Whitmore, Rauber & VicinusAppellate Division of the Supreme Court of the State of New York · 1930
- Claim of Harrigan v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1956