Legal Opinion

Claim of Mazzarisi v. Ward & Tully

Appellate Division of the Supreme Court of the State of New York

Decided January 5, 1916PublishedCited by 2 opinions

Appeal by Ward & Tully and another from an award of the State Industrial Commission, made On the 14th day of July, 1915, awarding compensation to the respondents for the death of Vito Mazzarisi.

1Opinion of the Court

Woodward, J.:

This court will not be warranted in disturbing the award made by the Commission. The evidence authorized the finding of the Commission that at the time Vito Mazzarisi received the injuries resulting in his death he “was working for his employer driving some piles on the beach at Coney Island and was assisting in driving sheeting.” This sheeting was to be used in a jetty to extend into the ocean for the protection of the municipal baths on the water front at Coney Island. In work of this character sheeting is a form of piling. (Volpe v. Cederstrand, 126 Minn. 355; 148 N. W. Rep.…

2Cases cited1 opinion

  1. Volpe v. CederstrandSupreme Court of Minnesota · 1914

3Cited by2 opinions

  1. In re BowersIndiana Court of Appeals · 1917
  2. Pinyon Queen Mining Co. v. Industrial CommissonUtah Supreme Court · 1922

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