Legal Opinion

Matter of Heitz v. . Ruppert

New York Court of Appeals

Decided May 2, 1916PublishedCited by 148 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1915, affirming an award of the state workmen’s compensation commission. The facts, so far as material, are stated in the opinion. The disability of the claimant Heitz did. not'result from an accidental injury “arising out of and in the course of his employment.”

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1915, affirming an award of the state workmen’s compensation commission. The facts, so far as material, are stated in the opinion. The disability of the claimant Heitz did. not'result from an accidental injury “arising out of and in the course of his employment.” (Fitzgerald v. Clarke & Son, L. R. [2 K. B. 1908] 796; Plumb v. Cobden F. M. Co., L. R. [App. Cas. 1914] 62; Challis v. L. & S. W. Ry. Co., L. R. [2 K. B. 1905] 154; Armitage v. L. & Y. Ry. Co., L. R. [2 K. B.…

1Opinion of the CourtPound, J.

This is an appeal by the employer and the insurance carrier from an order of the Appellate Division, third department, affirming by a divided court an order of the state workmen’s compensation commission awarding compensation. Claimant was injured when engaged in a hazardous employment. (Workmen’s Compensation Law [Cons. Laws, ch. 67; L. 1914, ch. 41], § 2, group 27.) The question is whether he received an “ accidental ” injury “ arising out of and in the course of employ-, ment.” (Workmen’s Compensation Law, § 3, sub. 7.) The decision of the commission is final on all questions of fact…

2Cases cited8 opinions

  1. Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
  2. Matter of CaseNew York Court of Appeals · 1915
  3. Matter of Jensen v. . Southern Pacific Co.New York Court of Appeals · 1915
  4. Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
  5. Rayner v. Sligh Furniture Co.Michigan Supreme Court · 1914

3 more not listed; retrieve them via the Exa API.

3Cited by148 opinions

  1. Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
  2. Claim of Kowalek v. New York Consolidated RailroadNew York Court of Appeals · 1920
  3. Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
  4. Wolfe v. Sibley Lindsay & Curr Co.New York Court of Appeals · 1975
  5. Griffith v. Cole Bros.Supreme Court of Iowa · 1917

143 more not listed; retrieve them via the Exa API.

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