Legal Opinion

Claim of Casterline v. Gillen

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

Decided March 6, 1918PublishedCited by 2 opinions

Appeal by the defendants, James P. Gillen and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 7th day of September, 1917.

1Opinion of the Court

Woodward, J.:

The facts in this case are that the employer was engaged in conducting .a wood and coal yard at Port Jervis, at a time when the statute did not include such business as a hazardous employment. The employee appears to have been a general laborer, who drove a team in delivering coal and wood whenever the occasion demanded, and who filled in his time when not thus employed in splitting or chopping wood, and doing such other work as was required around the yard, including the unloading of coal from cars. The claimant was injured while engaged in splitting or chopping wood, a chip or…

2Cited by2 opinions

  1. Claim of Halletz v. WisemanAppellate Division of the Supreme Court of the State of New York · 1920
  2. Claim of Freess v. KleinauAppellate Division of the Supreme Court of the State of New York · 1919

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