Claim of Woodward v. E. W. Conklin & Son, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by E. W. Conklin & Son, Inc., and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 28th day of June, 1915, granting compensation herein.
1Opinion of the Court
Cochrane, J.:
The claimant was a driver and caretaker of mules and was injured while driving a mule across the tracks of the Binghamton Railway Company in the course of his employment by the appellant, E. W. Conklin & Son, Inc. He executed a release to the railway company without compensation or any consideration whatever and without the consent of the insurance carrier. Thereafter he elected to take compensation under the act. The sole question on this appeal is the effect of such release on his right to an award which has been made by the Commission against the insurance carrier.
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