Claim of Verschleiser v. Joseph Stern & Son
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 7, 1919, reversing 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. In the regular course of his employment claimant was first insulted and then kicked so as to produce severe injuries without any fault upon his part.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 7, 1919, reversing 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. In the regular course of his employment claimant was first insulted and then kicked so as to produce severe injuries without any fault upon his part. The accident took place in the course of and must be said to have arisen out of the employment. (Carbone v. Loft, 174 App. Div. 901; 219 N. Y. 579; Heitz v. Ruppert, 218…
1Opinion of the CourtElkus, J.
On June 7, 1918, Morris Verschleiser, the claimant, was employed by Joseph Stern Son, Inc., at its abattoir in the city of New York on the eighth floor, known as the killing floor. It appears that after each animal is killed, it is the practice to cut it open and immediately disembowel it, separating the various portions. It was the duty of the claimant, who was known as a “ trucker ” or “ lugger,” to gather the bellies on his truck and truck them to a hole or chute down which he threw them to the seventh floor.
At the time in question the claimant was standing beside his truck waiting for the…
2Cases cited10 opinions
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- Pekin Cooperage Co. v. Industrial CommissionIllinois Supreme Court · 1918
- Claim of De Filippis v. FalkenbergAppellate Division of the Supreme Court of the State of New York · 1915
- Claim of Stillwagon v. Callan Brothers, Inc.Appellate Division of the Supreme Court of the State of New York · 1918
- Claim of Griffin v. A. Roberson & SonAppellate Division of the Supreme Court of the State of New York · 1916
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3Cited by62 opinions
- Hartford Accident & Indemnity Co. v. CardilloCourt of Appeals for the D.C. Circuit · 1940
- Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
- Crilly v. BallouMichigan Supreme Court · 1958
- Meucci v. Gallatin Coal Co.Supreme Court of Pennsylvania · 1924
- Dillon's CaseMassachusetts Supreme Judicial Court · 1949
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