Claim of Damm v. Schreier Contracting Co.

The Industrial Board found that the employment in this case was not seasonal on the authority of Hogan v. Onondaga County Highway Dept. (221 App. Div. 636). I do not think that case applies; I do think Deverso v. Parsons (221 App. Div. 622) applies. In the instant case there was no day laborer employed during the year working in the road construction business; that is, no employee in the same class. The man who took care of the horses was not working in the same class with this deceased.

The road construction business was a seasonal employment, operated from about the middle of April until the…