Legal Opinion

Claim of Norman v. Merritt & Chapman Derrick & Wrecking Co.

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

Decided March 8, 1922PublishedCited by 6 opinions

Appeal by the defendants, Merritt & Chapman Derrick and Wrecking Company and another, from a decision of the State Industrial Board, dated the 2d day of November, 1921, denying an application for a rehearing and confirming an award made the 3d day of February, 1919.

1Opinion of the Court

Hinman, J.:

An award was made in this case in 1919. An appeal was taken and the award was unanimously affirmed by this court. (190 App. Div. 887.) This court denied a motion to go to the Court of Appeals as did also the Court of Appeals. Compensation was paid to June 6, 1920, when the employer and insurance carrier made application for a rehearing on the ground that the case was one in admiralty under the case of Knickerbocker Ice Co. v. Stewart (253 U. S. 149), which had been decided subsequent to the award.

The question raised upon the previous appeal related to whether the deceased was in…

2Cases cited5 opinions

  1. Southern Pacific Company v. JensenSupreme Court of the United States · 1916
  2. Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
  3. Ellis v. United StatesSupreme Court of the United States · 1907
  4. Matter of Newham v. . Chile Exploration Co.New York Court of Appeals · 1921
  5. Claim of Riedel v. Mallory Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1921

3Cited by6 opinions

  1. Millers' Indemnity Underwriters v. BoudreauxTexas Commission of Appeals · 1924
  2. Claim of De Gaetano v. Merritt & Chapman Derrick & Wrecking Co.Appellate Division of the Supreme Court of the State of New York · 1922
  3. In re the Claim for Benefits under Article 18 of Labor LawAppellate Division of the Supreme Court of the State of New York · 1941
  4. Madderns v. Fox Film Corp.Appellate Division of the Supreme Court of the State of New York · 1923
  5. Claim of Lande v. Phœnix Construction Co.Appellate Division of the Supreme Court of the State of New York · 1922

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