Legal Opinion

Matter of Yodakis v. . Alexander Smith Sons Carpet Co.

New York Court of Appeals

Decided January 25, 1921PublishedCited by 4 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 9, 1920, reversing an award of the state industrial commission and directing a dismissal of the claim. Claimant was employed as a weaver in a carpet factory to work upon a loom.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 9, 1920, reversing an award of the state industrial commission and directing a dismissal of the claim. Claimant was employed as a weaver in a carpet factory to work upon a loom. About two minutes before the morning whistle blew to begin the day’s work, on the day of the accident, he inserted his arm behind the guard upon the machine to place a gritty substance upon the belt to increase friction and thereby the speed of the loom. While thus engaged the moving belt caught the…

1Opinion of the Court

Order affirmed, with costs against the state industrial commission; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin and Crane, JJ. Dissenting: Hogan and Andrews, JJ.

2Cited by4 opinions

  1. Claim of Merchant v. Pinkerton's Inc.New York Court of Appeals · 1980
  2. Claim of Jenczewski v. Aluminum Co.Appellate Division of the Supreme Court of the State of New York · 1921
  3. Kelly v. National Packing Box Co.Appellate Division of the Supreme Court of the State of New York · 1923
  4. Claim of Pientka v. Thompson Norris Co.Appellate Division of the Supreme Court of the State of New York · 1921

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