Claim of Schweitzer v. Thompson & Norris Co. of New Jersey
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 4, 1920, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. As between the E. & it.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 4, 1920, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. As between the E. & it. Trucking Company and the Gier Auto Trucking Company, the E. & R. Trucking Company are the general employers of Henry Wichser and the Gier Auto Trucking Company are the special employers. (Hartell v. Simonson & Son Co., 218 N. Y. 345; Nolan v. Cranford, 4 State Dept. Rep. 337; 171 App. Div. 959;…
1Opinion of the CourtCrane, J.
It is well settled that one may be in the general service of another and nevertheless with respect to particular work may be transferred with his own consent or acquiescence to the service of a third person so that he becomes the servant of that person with all the legal consequences of the new relation.- (Standard Oil Co. v. Anderson, 212 U. S. 215, 220.) Difficulty frequently arises in determining when this transfer of relationship takes place. The rule was stated in this court in Hartell v. Simonson & Son Co. (218 N. Y. 345, 349) to be the following: “A servant in the general employment of…
2Cases cited11 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Matter of De Noyer v. . CavanaughNew York Court of Appeals · 1917
- Hartell v. T. H. Simonson & Son Co.New York Court of Appeals · 1916
- Comerford's CaseMassachusetts Supreme Judicial Court · 1916
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3Cited by28 opinions
- Thompson v. Grumman Aerospace Corp.New York Court of Appeals · 1991
- Charles v. . BarrettNew York Court of Appeals · 1922
- Bartolomeo v. Charles Bennett Contracting Co.New York Court of Appeals · 1927
- Densby v. BartlettIllinois Supreme Court · 1925
- Mendel v. Fort Scott Hydraulic Cement Co.Supreme Court of Kansas · 1938
23 more not listed; retrieve them via the Exa API.