Matter of Fogarty v. . Nat. Biscuit Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1916, reversing- an award of the state industrial commission made under the Workmen’s Com-pensation Law and dismissing the claim of the petitioner. The occupation of the claimant’s intestate was a hazardous occupation specified in the Workmen’s Compensation Act.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1916, reversing- an award of the state industrial commission made under the Workmen’s Com-pensation Law and dismissing the claim of the petitioner. The occupation of the claimant’s intestate was a hazardous occupation specified in the Workmen’s Compensation Act. (Larsen v. Paine Drug Co., 218 N. Y. 252; Sorge v. Aldebaran Co., 218 N. Y. 636; White v. N. Y. C. R. R. Co., 216 N. Y. 653; Walther v. American Paper Co., 98 Atl. Rep. 264; Western Metal Supply Co. v. Pillsbury,…
1Opinion of the CourtHogan, J.
The defendant National Biscuit Company is engaged in the bakery business, designated as “hazardous” under the Workmen’s Compensation Law (L. 1914, ch. 41; Cons. Laws, ch. 67), section 2, group 34.
William Fogarty was employed by the biscuit company as a night watchman. As such his principal duty was to patrol the buildings every hour, passing through every department and ring up the clocks, thirty-five in number.
October 2d, 1915, soon after midnight, the body of Mr. Fogarty was found at the bottom of the well under the stairway in one of the buildings of the company. Application was thereafter…
2Cases cited5 opinions
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Matter of Carroll v. . Knickerbocker Ice Co.New York Court of Appeals · 1916
- In Re the Claims of PetrieNew York Court of Appeals · 1915
- Matter of Larsen v. . Paine Drug Co.New York Court of Appeals · 1916
- Matter of Sorge v. . Aldebaran CompanyNew York Court of Appeals · 1916
3Cited by9 opinions
- Decker v. . BoiceNew York Court of Appeals · 1880
- Reid v. Automatic Electric Washer Co.Supreme Court of Iowa · 1920
- Matter of Altschuller v. BresslerNew York Court of Appeals · 1943
- Matter of Belcher v. . Carthage Machine Co.New York Court of Appeals · 1918
- Scott County School Board v. CarterSupreme Court of Virginia · 1931
4 more not listed; retrieve them via the Exa API.