Legal Opinion

Claim of Geller v. Republic Novelty Works

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

Decided December 28, 1917PublishedCited by 3 opinions

Appeal by the defendants, Republic Novelty Works and another, from an award of the State Industrial Commission, entered in the New York city office of said Commission on the 21st day of February, 1917.

1Opinion of the Court

Kellogg, P. J.:

The employer was not carrying on a hazardous business. It became necessary to have additional shelving in its store. The work would require an employee about three days. The injured employee was a carpenter who worked by the hour for any one requiring his services. He had worked upon the shelving for two days and was -at work upon the last shelf when, on June 25, 1916, he fell 'from a stepladder and was injured. If we assume that he was engaged in structural carpentry at the time of the injury, it does not follow that the *763employer was carrying on such hazardous employment. A…

2Cases cited4 opinions

  1. Matter of Bargey v. . Massaro MacAroni Co.New York Court of Appeals · 1916
  2. Claim of Coleman v. BartholomewAppellate Division of the Supreme Court of the State of New York · 1916
  3. Claim of Bargey v. Massaro Macaroni Co.Appellate Division of the Supreme Court of the State of New York · 1915
  4. Matter of Schmidt v. . BergerNew York Court of Appeals · 1917

3Cited by3 opinions

  1. National Cast Iron Pipe Co. v. HigginbothamSupreme Court of Alabama · 1927
  2. Roman Catholic Archbishop v. Industrial Accident CommissionCalifornia Supreme Court · 1924
  3. Claim of Hungerford v. BonnAppellate Division of the Supreme Court of the State of New York · 1918

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