Legal Opinion

Claim of Cahill v. Terry & Tench Co.

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

Decided June 30, 1916PublishedCited by 5 opinions

Question certified to the Appellate Division for decision by the State Industrial Commission under section 23 of the Workmen’s Compensation Law (Consol. Laws, chap. 67; Laws of 1914, chap. 41).

1Opinion of the Court

Cochrane, J.:

The State Industrial Commission has certified the following question: “May an award of compensation be made to Mary Cahill, mother of James J. Cahill,' deceased, upon proof of her dependency upon the said James J. Cahill, deceased, at the time of the accident, in view of the fact that Jennie Cahill, his widow, as a dependent and as the administratrix of the estate of James J. Cahill, deceased, has elected under the provisions of section 29 of the Workmen’s Compensation Law to commence a suit for damages against a third party not in the same employ, and such suit is now actually…

2Cases cited1 opinion

  1. Claim of Woodward v. E. W. Conklin & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1916

3Cited by5 opinions

  1. Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
  2. Brainard's Cottonwood Dairy v. Industrial CommissionUtah Supreme Court · 1932
  3. Claim of Petrone v. United State Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 1932
  4. Liberty Mutual Insurance v. MuellerNew York Supreme Court · 1935
  5. Russo v. MuroAppellate Division of the Supreme Court of the State of New York · 1933

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