Matter of McNally v. . Diamond Mills Paper Co.
New York Court of Appeals
Appeal from an order .of the Appellate Division of the Supreme Court in the third judicial department, entered October 8, 1917, reversing an award of the state industrial commission made under the Workmen's Compenpensation Law and dismissing the claim. The facts, so far as material, are stated in the opinion.
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Appeal from an order .of the Appellate Division of the Supreme Court in the third judicial department, entered October 8, 1917, reversing an award of the state industrial commission made under the Workmen's Compenpensation Law and dismissing the claim. The facts, so far as material, are stated in the opinion. The commission having found as a fact that McNally was employed by the Diamond Mills Paper Company as a laborer and there being evidence to sustain that finding it is conclusive. (Matter of Fogarty v. Nat. Biscuit Co., 221 N. Y. 20; Matter of Peake v. Lakin, 162 N. Y. Supp. 1135; Matter…
1Opinion of the CourtCardozo, J.
In 1914 the Diamond Mills Paper Company had a plant at Saugerties, New York. It needed another engine, and bought one from the Erie City Iron Works. The manufacturer agreed to furnish an engineer “ to superintend installation.” Charles McNally, the claimant, undertook to move the engine from the railroad to the plant for $225. After that contract had been fully performed, he was asked by one of the officers of the paper mill to assist in the work of installation. He was to be paid by day’s labor. He brought with him two of his own hired men, and his own blocking, rigging and jacks. Two of the…
2Cases cited11 opinions
- Tuttle v. Embury-Martin Lumber Co.Michigan Supreme Court · 1916
- Matter of De Noyer v. . CavanaughNew York Court of Appeals · 1917
- Thompson v. TwissSupreme Court of Connecticut · 1916
- Matter of Larsen v. . Paine Drug Co.New York Court of Appeals · 1916
- Matter of Bargey v. . Massaro MacAroni Co.New York Court of Appeals · 1916
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3Cited by10 opinions
- Hayes v. . Elon CollegeSupreme Court of North Carolina · 1944
- Hayes v. Board of Trustees of Elon CollegeSupreme Court of North Carolina · 1944
- Ideal Bakery v. SchryverWyoming Supreme Court · 1931
- McCormick v. City of Kansas CitySupreme Court of Kansas · 1929
- Claim of Halletz v. WisemanAppellate Division of the Supreme Court of the State of New York · 1920
5 more not listed; retrieve them via the Exa API.