Matter of Mandatto v. . Hudson Shoring Company
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 3, 1920, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The claimant was an independent contractor, who had a contract to make an excavation which he was performing through his own labor and that of his men, by the use of a derrick, a gas engine and other equipment.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 3, 1920, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The claimant was an independent contractor, who had a contract to make an excavation which he was performing through his own labor and that of his men, by the use of a derrick, a gas engine and other equipment. He was asked by the Hudson Shoring Company, which also had a contract relating to the same job, to assist with his derrick in lifting a timber for that company. The…
1Opinion of the Court
Order of Appellate Division and award of the state industrial commission reversed and claim dismissed, with costs against the state industrial commission, on the dissenting opinion of Henry T. Kellogg, J., below.
Concur: His cock, Ch. J., Chase, Collin, Cardozo, McLaughlin, Crane and Andrews, JJ.
2Cited by2 opinions
- Ferro v. Leopold Sinsheimer Estate, Inc.New York Court of Appeals · 1931
- Jewtraw v. Hartford Accident & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1954