Legal Opinion

Claim of Gilmore v. Preferred Accident Insurance

New York Court of Appeals

Decided May 28, 1940PublishedCited by 12 opinions

1Opinion of the CourtFinch, J.

This is a claim for compensation on account of a death through accident occurring in the course of employment, and the question presented concerns the applicability of the Workmen’s Compensation Law (Cons. Laws, ch. 67). This, in turn, depends upon the construction to be given to the words “ workmen ” or “ operatives ” regularly employed, as used in that law. (§ 3, subd. 1, group 18.) This question has not yet been decided. Lately we said: “It is not necessary for us finally to define or limit the words ‘ workmen ’ or ‘ operatives ’ as used in this sub division.” (Matter of Europe v. Addison…

2Cases cited5 opinions

  1. Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
  2. Matter of Dose v. . Moehle Lithographic Co.New York Court of Appeals · 1917
  3. Claim of Europe v. Addison Amusements, Inc.New York Court of Appeals · 1921
  4. Claim of Westbay v. Curtis & SangerAppellate Division of the Supreme Court of the State of New York · 1921
  5. Matter of Westbay v. . Curtis SangerNew York Court of Appeals · 1921

3Cited by12 opinions

  1. Knight-Ridder Broadcasting, Inc. v. GreenbergNew York Court of Appeals · 1987
  2. VISITATION OF CATHY LM v. Mark Brent R.West Virginia Supreme Court · 2005
  3. In re the Claim of FoscarinisAppellate Division of the Supreme Court of the State of New York · 1954
  4. Jacobs v. Marine Midland Bank, N. A.New York Supreme Court · 1984
  5. Lockport Union-Sun & Journal, Inc. v. PreischAppellate Division of the Supreme Court of the State of New York · 1959

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