Legal Opinion

Claim of Birch v. Budd

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

Decided January 11, 1939PublishedCited by 9 opinions

1Opinion of the CourtBliss, J.

There a,re two principal questions in this case. The first is whether the employee’s injuries arose out of and in the course of his employment and the second relates to the correctness *54of the rate of death benefits awarded. The deceased employee received fatal burns while attempting to extinguish a fire in the employer’s apartment house. He was found in the boiler room of the apartment house and his burning pajamas lay in the hall outside of his own apartment. The fire apparently originated in a radio or the radio wiring in deceased’s own apartment. Deceased was the janitor of the building.…

2Cases cited6 opinions

  1. Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
  2. Matter of Pisko v. MintzNew York Court of Appeals · 1933
  3. Claim of Moocheer v. A. H. Herrick & SonNew York Court of Appeals · 1936
  4. Claim of Adams v. Boorum & Pease Co.Appellate Division of the Supreme Court of the State of New York · 1917
  5. Claim of Phillips v. New York Trap Rock Co.Appellate Division of the Supreme Court of the State of New York · 1935

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

3Cited by9 opinions

  1. Matter of Brandfon v. Beacon Theatre Corp.New York Court of Appeals · 1949
  2. Knight v. CohenNew Jersey Superior Court Appellate Division · 1959
  3. Claim of Delmonte v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1960
  4. Dependents of Ingram v. Hyster Sales & Service, Inc.Mississippi Supreme Court · 1970
  5. Liberty Mutual Insurance Company v. BrittonCourt of Appeals for the D.C. Circuit · 1956

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

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