Legal Opinion

Claim of Kowalek v. New York Consolidated Railroad

New York Court of Appeals

Decided November 16, 1920PublishedCited by 83 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 14, 1920, unanimously 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.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 14, 1920, unanimously 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. The employment of the deceased terminated when, after finishing his work and having no further duties to perform for his employer, he safely reached the station platform on his way home, his status from that time on being that of a passenger. (Pierson v. Interborough R. T. Co., 184 App.…

1Opinion of the CourtCollin, J.

The state industrial commission decided that Max Gottesfeld died from injuries received as an employee of the appellant,. New York Consolidated Railroad Company, under conditions making the Workmen’s Compensation Law (Cons. Laws, chapter 67) applicable. Their award has been unanimously affirmed by the Appellate Division. We are to determine whether or not the facts as found by the commission uphold the award.

His employment was flagman of the railroad company, which was engaged in the business of local transportation in New York city. His employment included, as overtime work, duty at times as…

2Cases cited17 opinions

  1. McNicol's CaseMassachusetts Supreme Judicial Court · 1913
  2. Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
  3. Myers v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1917
  4. Donovan's CaseMassachusetts Supreme Judicial Court · 1914
  5. Claim of Littler v. George A. Fuller Co.New York Court of Appeals · 1918

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3Cited by83 opinions

  1. Cardillo v. Liberty Mutual InsuranceSupreme Court of the United States · 1947
  2. Claim of Davis v. Newsweek MagazineNew York Court of Appeals · 1953
  3. Walker v. HydeIdaho Supreme Court · 1927
  4. Cudahy Packing Co. of Nebraska v. Industrial CommissionUtah Supreme Court · 1922
  5. Tallon v. . Interborough Rapid Transit Co.New York Court of Appeals · 1922

78 more not listed; retrieve them via the Exa API.

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