Matter of Bargey v. . Massaro MacAroni Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 9, 1915, reversing an award of the workmen’s compensation commission and dismissing the claim of the petitioner. The facts, so far as material, are stated in the opinion. The deceased was not a casual employee, but if he were he is still protected by the Workmen’s Compensation Law. (Sabella v. Braziliero, 91 Atl.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 9, 1915, reversing an award of the workmen’s compensation commission and dismissing the claim of the petitioner. The facts, so far as material, are stated in the opinion. The deceased was not a casual employee, but if he were he is still protected by the Workmen’s Compensation Law. (Sabella v. Braziliero, 91 Atl. Rep. 1032; Shaeffer v. De Grottola, 85 N. J. L. 444; Dewhurst v. Mather, 1 B. W. C. C . 328; Smith v. Buxton, 8 B. W. C. C. 196; Tombs v. Bomford, 5 B. W. C. C.…
1Opinion of the CourtCollin, J.
The Massaro Macaroni Company, denominated the employer, was engaged in manufacturing macaroni. Its business was within group 33 of the' hazardous employments enumerated by the Workmen’s Compensation Law (L. 1914, ch. 41; Cons. L. ch. 67). The group is defined as follows: “ Canning or preparation of fruit, vegetables, fish or food stuffs; pickle factories and sugar refineries. ” The deceased, Lyman D. Bargey, was a carpenter and builder. He had contracted with the company. that he would ‘c raise the second and third story floor and roof of the portion at the southwest corner of the macaroni…
2Cited by30 opinions
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- Matter of Dose v. . Moehle Lithographic Co.New York Court of Appeals · 1917
- Roman Catholic Archbishop v. Industrial Accident CommissionCalifornia Supreme Court · 1924
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