Legal Opinion

Claim of Europe v. Addison Amusements, Inc.

New York Court of Appeals

Decided April 19, 1921PublishedCited by 18 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 24, 1920, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The use of the phrase “ workmen or operatives ” in second group 45 is squarely in line with the purpose of this law as interpreted by this court, and such words are not synonyms of “ employees ” but of a Emited meaning.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 24, 1920, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The use of the phrase “ workmen or operatives ” in second group 45 is squarely in line with the purpose of this law as interpreted by this court, and such words are not synonyms of “ employees ” but of a Emited meaning. (Matter of Petrie, 215 N. Y. 335, 338; Post v. Burger & Goelke, 216 N. Y. 544, 553; Bowne v. Bowne Co., 221 N. Y. 28; Hubbs v. Addison Electric Light &…

1Opinion of the CourtCrane, J.

Lieutenant James Reese Europe was the conductor of a famous negro band which accompanied the 365th Infantry (the 15th New York) to France shortly after the United States entered into the late war with Germany.

Europe was a musical composer, director and orchestra leader. After 'the band’s return from Europe at the conclusion of the war it started on a concert tour throughout the United States under a contract with or employment by the Addison Amusements, Inc. This company was formed for the purpose of supplying Europe’s band with engagements and conducting through it the entertainment…

2Cases cited5 opinions

  1. New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
  2. Arizona Employers' Liability CasesSupreme Court of the United States · 1919
  3. Claim of Bowne v. S. W. Bowne Co.New York Court of Appeals · 1917
  4. Claim of Wilson v. C. Dorflinger & SonsNew York Court of Appeals · 1916
  5. Matter of Dose v. . Moehle Lithographic Co.New York Court of Appeals · 1917

3Cited by18 opinions

  1. Alabam's Freight Co. v. HuntArizona Supreme Court · 1926
  2. Ward & Gow v. KrinskySupreme Court of the United States · 1922
  3. Claim of Renouf v. New York Central RailroadNew York Court of Appeals · 1930
  4. Martin v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
  5. Claim of Gilmore v. Preferred Accident InsuranceNew York Court of Appeals · 1940

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