Legal Opinion

Claim of Draper v. W. H. Draper & Sons, Inc.

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

Decided July 6, 1922PublishedCited by 16 opinions

Appeal by the defendants, W. H. Draper & Sons and another, from a decision and award of the State Industrial Board, entered on or about the 25th day of November, 1921.

1Opinion of the Court

H. T. Kellogg, J.:

An award of seventeen dollars and three cents for 219.6 weeks of disability was made to claimant’s intestate on June 23, 1920, for an accidental injury occurring on March 3, 1920. The claimant’s intestate came to his death on July 5, 1921, from causes other than his accidental injury. In November, 1921, an award was made to his widow for the balance of the weekly payments under the original award which had accrued after his death and would thereafter acrue. From this award an appeal was taken.

It was formerly the law that in the case of an award for a specific number of weeks…

2Cases cited5 opinions

  1. Dash v. Van KleeckNew York Supreme Court · 1811
  2. New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
  3. In Re the Estate of MillerNew York Court of Appeals · 1888
  4. Claim of Wozneak v. Buffalo Gas Co.Appellate Division of the Supreme Court of the State of New York · 1916
  5. Hackley v. SpragueNew York Supreme Court · 1833

3Cited by16 opinions

  1. Phillips v. HA Marr Grocery CompanySupreme Court of Oklahoma · 1956
  2. Swatek Construction Co. v. WilliamsSupreme Court of Oklahoma · 1935
  3. Donoho v. Atlantic Basin Iron WorksAppellate Division of the Supreme Court of the State of New York · 1924
  4. Kittleson v. HiblerWyoming Supreme Court · 1927
  5. Heil v. Big Horn Construction Co.Wyoming Supreme Court · 1948

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