Legal Opinion

Claim of Roth v. Harlem Funeral Car Co.

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

Decided March 12, 1935PublishedCited by 7 opinions

1Opinion of the CourtHeffernan, J.

This is an appeal by the employer and its insurance carrier from an award for deficiency compensation to Bertha Roth, the surviving widow of Bernard Roth, the deceased employee.

On March 3, 1923, Bernard Roth sustained an accidental injury which arose out of and in the course of his employment as a result of which he died the same day. His widow filed a notice of election to sue the Reid Ice Cream Company, a third party, whose negligence caused her husband’s death.

The claimant, as administratrix of the deceased, instituted such an action in the Supreme Court. Thereafter the cause was brought…

2Cases cited2 opinions

  1. O'Brien v. LodiNew York Court of Appeals · 1927
  2. O'Brien v. Knickerbocker Ice Co.Appellate Division of the Supreme Court of the State of New York · 1925

3Cited by7 opinions

  1. Claim of Berenberg v. Park Memorial ChapelAppellate Division of the Supreme Court of the State of New York · 1955
  2. Luneau v. Elmwood Gardens, Inc.New York Supreme Court · 1960
  3. Claim of Clark v. Oakes & Burger Co.Appellate Division of the Supreme Court of the State of New York · 1962
  4. Claim of Commissioner of Taxation & Finance v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1951
  5. Claim of Gallagher v. Carol Construction Co.Appellate Division of the Supreme Court of the State of New York · 1936

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