Matter of Dale v. . Saunders Bros.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1916, which affirmed an award of the state workmen’s compensation commission. The facts, so far as material, are stated in the opinion. At the time of this accident the relation of master and servant as between Dale and Saunders Brothers, his general employer, was suspended.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1916, which affirmed an award of the state workmen’s compensation commission. The facts, so far as material, are stated in the opinion. At the time of this accident the relation of master and servant as between Dale and Saunders Brothers, his general employer, was suspended. At the moment when Dale was fatally injured by the falling of Walsh’s sand in Walsh’s sand pit, he was in the special employment of Walsh, located by Walsh in a place provided by Walsh for the loading of…
1Opinion of the CourtPound, J.
This is an appeal by Saunders Brothers, the general employer, from an order of the Appellate Division, third department, affirming by a divided court an award of the workmen’s compensation commission made to Rose Dale, widow, and to the children, for the death of Frank Dale. The only question in the case is whether Dale was employed by Saunders Brothers at the time of his death within the meaning of the Workmen’s Compensation Act. Saunders Brothers urge that he was the special employee of one Walsh and that the special employer should pay and the general employer should not. The facts are…
2Cases cited5 opinions
- Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Howard v. . LudwigNew York Court of Appeals · 1902
- Matter of Costello v. . TaylorNew York Court of Appeals · 1916
3Cited by30 opinions
- Matter of De Noyer v. . CavanaughNew York Court of Appeals · 1917
- Bartolomeo v. Charles Bennett Contracting Co.New York Court of Appeals · 1927
- Scribner's CaseMassachusetts Supreme Judicial Court · 1918
- Packett v. Moretown Creamery Co.Supreme Court of Vermont · 1917
- Rahoutis v. Unemployment Compensation CommissionOregon Supreme Court · 1943
25 more not listed; retrieve them via the Exa API.