Brockett v. Mietz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred Mietz, from a judgment of the County Court of Oswego county in favor of the plaintiff, entered in the office of the clerk of said county on the 18th day of June, 1917, upon the verdict of a jury for $300, and also from an order entered in said clerk’s office on the 8th day of August, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Dissent
Hubbs, J. (dissenting):
I think the opinion in the case of Uhl v. Hartwood Club (221 N. Y. 588), which was not cited in the briefs or called to the court’s attention on the argument, when read in connection with the dissenting opinion in the same case (177 App. Div. 46), clearly establishes the fact that the plaintiff in this action comes within the Workmen’s Compensation Law, The decision in the Court of Appeals disposes of the argument that the defendant’s lumbering was a mere incident to his farm business. (See, also, Zubradt v. Estate of Shepard, 180 App. Div. 20.)
¡ Judgment and order…
2Cases cited3 opinions
- Matter of Uhl v. . the Hartwood ClubNew York Court of Appeals · 1917
- Claim of Uhl v. Hartwood ClubAppellate Division of the Supreme Court of the State of New York · 1917
- Claim of Zubradt v. Estate of ShepardAppellate Division of the Supreme Court of the State of New York · 1917