Claim of Minerly v. Kingsbury Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Kingsbury^Constraction Company and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 24th day of September, 1919.
1Opinion of the Court
Cochrane, J.:
The question in this case is whether the accident arose out of the employment. The deceased employee was engaged with others in leveling a pile of stones which had been thrown up near a river bank by a dredge at Mechanicville, N. Y. While so working he was stricken with a fit, to which malady he was subject. He came out of the fit and resumed his usual work. A short time thereafter he proceeded up the river bank for a purpose incidental to his employment. Not returning, his fellow-employees instituted a search for him and discovered his dead body in the river in a depth of five…
2Cases cited4 opinions
- Matter of Eldridge v. . Endicott, Johnson Co.New York Court of Appeals · 1920
- Claim of Woodruff v. R. H. Howes Construction Co.New York Court of Appeals · 1920
- Claim of Collins v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Matter of Hansen v. . Turner Construction Co.New York Court of Appeals · 1918
3Cited by6 opinions
- A. C. Lawrence Leather Co. v. BarnhillCourt of Appeals of Kentucky (pre-1976) · 1933
- Bibb Manufacturing Co. v. AlfordCourt of Appeals of Georgia · 1935
- Claim of Joseph v. United Kimono Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Claim of Vassilakis v. Fairfax Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Claim of Neuberger v. Third Avenue Railway Co.Appellate Division of the Supreme Court of the State of New York · 1920
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