Legal Opinion

Claim of Smith v. Benjamin B. Wright Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 13, 1931PublishedCited by 1 opinion

1Opinion of the CourtVan Kirk, P. J.

The award is for death benefits made in an unwitnessed accident case. The deceased was found lying, in a railroad yard, beside his horse and truck. The employer’s report states that he was “ injured in regular occupation;” that he was “ found lying on ground with head cuts horses near by.” The Industrial Board has found that the injuries he sustained “ were accidental injuries and arose out of and in the course of his employment.” Had the evidence disclosed nothing further the award would have been properly made. (Matter of Norris v. New York Central R. R. Co., 246 N. Y. 307.)

*344But in this case…

2Cases cited7 opinions

  1. Matter of Sweeting v. . American Knife Co.New York Court of Appeals · 1919
  2. Claim of Mausert v. Albany Builders Supply Co.New York Court of Appeals · 1928
  3. Claim of Norris v. New York Central RailroadNew York Court of Appeals · 1927
  4. Matter of Shearer v. Niagara Falls Power Co.New York Court of Appeals · 1926
  5. Matter of Shearer v. Niagara Falls Power Co.New York Court of Appeals · 1927

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3Cited by1 opinion

  1. Hammer v. Workmen's Compensation CommissionDistrict Court, Virgin Islands · 1945

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