Claim of Kiernan v. Friestedt Underpinning Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Friestedt Underpinning Company and another from an award of the State Industrial Commission, entered in the office of said Commission on the 6th day of August, 1915, granting compensation herein.
1Opinion of the Court
Kellogg, P. J.:
The deceased had been in the employ of the employer appellant for about eight months, receiving three dollars and sixty-eight cents per day, payable weekly. On Monday, April 27, 1915, he worked as usual. Upon appearing for work in the subway Tuesday morning, dressed in his overalls, he was a little late and the superintendent told him he need not work. *540He excused him from work, not because he was late, but because he felt that he had been drinking some and was not in a fit condition to engage in the dangerous kind of work which he had been doing. He started to leave the subway…
2Cited by4 opinions
- Nicholson v. Industrial CommissionArizona Supreme Court · 1953
- Pierson v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Claim of Pope v. Merritt & Chapman Derrick & Wrecking Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Rogers v. Mengel Co.Louisiana Court of Appeal · 1939