Legal Opinion

Claim of Ziolkowski v. American Radiator Co.

New York Court of Appeals

Decided March 27, 1928PublishedCited by 5 opinions

1Per curiam

Joseph Ziolkowski was employed to operate an electric crane used in the yards of a foundry of the American Radiator Company. His duties required him to sit upon an iron stool in the cab of the crane. The cab was small. Ziolkowski’s hours of work began at five o’clock in the afternoon. They continued ordinarily till the early morning hours. The night of January 27th, 1927, was cold — it is said, the coldest night of the winter. The cab was unheated. At eleven o’clock that night the foreman passed the cab where Ziolkowski was working and called to him: “ How is everything? ” Ziolkowski…

2Cited by5 opinions

  1. Matter of Finnegan v. BiehnNew York Court of Appeals · 1937
  2. Curry & Turner Const. Co. v. BryanMississippi Supreme Court · 1939
  3. Claim of Strand v. Harris Structural Steel Co.Appellate Division of the Supreme Court of the State of New York · 1940
  4. Claim of Himes v. Tobin Packing Co.Appellate Division of the Supreme Court of the State of New York · 1968
  5. State v. ScolaroCity of Cleveland Municipal Court · 1939

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