Legal Opinion

McCadden v. Moore

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

Decided March 15, 1950Published

1Opinion of the CourtPiper, J.

On March 26, 1947, there was a heavy fall of snow in the town of Tonawanda, Brie County. Petitioner, a police officer, reported for work at 1:00 a.m. His usual duties were to patrol in a patrol car. Due to the storm, the officers were confined to headquarters. Petitioner and another officer went out of the police station and shoveled the snow around the sidewalks and entrance to the driveway. When the snow plows went through the street, it was necessary to clear the entrance to the driveway, consequently petitioner continued to shovel snow throughout the night. While so engaged in removing…

2Cases cited5 opinions

  1. Matter of Miller v. KlingNew York Court of Appeals · 1943
  2. Matter of Humphrey v. State Ins. FundNew York Court of Appeals · 1949
  3. Matter of Nash v. BrooksNew York Court of Appeals · 1937
  4. Slattery v. Board of Estimate & ApportionmentNew York Court of Appeals · 1936
  5. Rankin v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1948

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