Matter of Ryan v. . City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 23, 1919, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 23, 1919, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. A policeman, being a governmental agent of the state, performs official duties of a sovereign character and is not engaged in an employment by the city of- New'York within the meaning of group 43 of the statute. Official tenure does not constitute an employment. (Spinks v. Village of Marcellus, 180 App. Div. 732;…
1Opinion of the CourtCardozo, J.
The claimant is a member of the police force of the city of New York with the rank of patrolman. He was detailed to service at the thirty-seventh precinct police station. His chief duties there were to guard the prisoners and to keep part of the building in order. On June 11, 1918, while standing on a box in order to remove an electric-light bulb, he was thrown to the floor by the breaking of the box; and disability for a little more than a month resulted from his injuries. The question is whether the case is within the Workmen’s Compensation Law (Consol. Laws, chap. 67).
Employees of the…
2Cases cited3 opinions
- Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
- Blynn v. City of PontiacMichigan Supreme Court · 1915
- People Ex Rel. O'Connor v. . GirvinNew York Court of Appeals · 1919
3Cited by30 opinions
- Grossman v. RankinNew York Court of Appeals · 1977
- Parker v. Travelers InsuranceSupreme Court of Georgia · 1932
- Canteline v. McClellanNew York Court of Appeals · 1940
- City of Albany v. Standard Accident InsuranceNew York Court of Appeals · 1960
- Fahler v. City of MinotNorth Dakota Supreme Court · 1923
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