Legal Opinion

Matter of Peake v. . Lakin

New York Court of Appeals

Decided May 8, 1917PublishedCited by 4 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 17, 1917, affirming an award of the state industrial commission under the Workmen’s Compensation Law. The husband and father of claimants was killed while engaged as a lumberman through the falling of a tree. It appeared that defendant Lakin had entered into a contract with one Mallory to peel and load on cars certain bark.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 17, 1917, affirming an award of the state industrial commission under the Workmen’s Compensation Law. The husband and father of claimants was killed while engaged as a lumberman through the falling of a tree. It appeared that defendant Lakin had entered into a contract with one Mallory to peel and load on cars certain bark. Mallory testified that he had procured the deceased and another man to assist him and that “We (three men) were working under a partnership agreement and…

1Opinion of the Court

Order affirmed, with costs; no opinion.

Concur:. Hiscock, Ch. J., Chase, Hogan, Cardozo, Crane and Andrews, JJ. Not voting: McLaughlin, J.

2Cited by4 opinions

  1. Matter of Beach v. . VelzyNew York Court of Appeals · 1924
  2. Matter of McNally v. . Diamond Mills Paper Co.New York Court of Appeals · 1918
  3. Matter of Fancher v. . Boston Excelsior Co.New York Court of Appeals · 1923
  4. People v. GreensteinAppellate Division of the Supreme Court of the State of New York · 1926

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