Birmingham v. Westinghouse Electric & Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Westinghouse Electric and Manufacturing Company and another, from so much of an award of the State Industrial Commission, entered in the office of the said Commission on the 28th day of April, 1917, as awards compensation to Virginia Birmingham, the mother of the deceased employee.
1Opinion of the Court
Woodward, J.:
Harold Birmingham received fatal injuries on the 10th day of June, 1916, while employed by the Westinghouse Electric and Manufacturing Company in New York city. He was earning average weekly wages of nineteen dollars and sixty-one cents, and there is no complaint over the award of compensation to his widow. The question presented upon this appeal is whether his mother, aged forty-two years, with a husband in good physical condition, earning something over twenty-one dollars per week when employed, was a dependent of the deceased under the provisions of subdivision 4 of section 16…
2Cases cited4 opinions
- Claim of Rhyner v. Hueber Building Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Claim of Walz v. Holbrook, Cabot & Rollins Corp.Appellate Division of the Supreme Court of the State of New York · 1915
- Claim of Tirre v. Bush Terminal Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Claim of Kilberg v. VitchAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by16 opinions
- Johnson Coffee Co. v. McDonaldTennessee Supreme Court · 1920
- Globe Grain & Milling Co. v. Industrial Commisson of UtahUtah Supreme Court · 1920
- Claim of Kelley v. Hoefler Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Claim of Frey v. McLoughlin Bros.Appellate Division of the Supreme Court of the State of New York · 1919
- Brochu's CaseSupreme Judicial Court of Maine · 1930
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