Claim of Waters v. William J. Taylor Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 14, 1915, affirming an award of the state workmen’s compensation commission. The facts, so far as material, are stated in the opinion. The injuries sustained by Roger .Waters and which subsequently resulted in his-death did not arise out of and in the course of his employment.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 14, 1915, affirming an award of the state workmen’s compensation commission. The facts, so far as material, are stated in the opinion. The injuries sustained by Roger .Waters and which subsequently resulted in his-death did not arise out of and in the course of his employment. (Matter of McNichols, 215 Mass. 498; Neuman v. Neuman, 155 N. Y. Supp. 665; Spooner v. D. S. N. Co., 153 N. W. Rep. 667; Smith v. L. & Y. Ry. Co., 79 L. T. Rep. 633; Reed v. G. W. Ry.…
1Opinion of the CourtHiscock, J.
Roger Waters, the husband of the claimant, was in the employ of the William J. Taylor Company, which had a contract for performing part of the work necessary in the construction of a building. The Duffy Contracting Company was a contractor engaged in performing other work in said construction which necessitated an excavation. While one of the employees of the last-named company was at work in the excavation the bank thereof caved in and he was caught. This occurred about twenty feet from where Waters was at work and he went to the assistance of the endangered employee. While he was engaged in…
2Cases cited1 opinion
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
3Cited by72 opinions
- O'Leary v. Brown-Pacific-Maxon, Inc.Supreme Court of the United States · 1951
- Wagner v. International Railway Co.New York Court of Appeals · 1921
- O'Keeffe v. Smith, Hinchman & Grylls Associates, Inc.Supreme Court of the United States · 1965
- Matter of Babington v. Yellow Taxi Corp.New York Court of Appeals · 1928
- Zamora v. New York Neurologic AssociatesNew York Court of Appeals · 2012
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