Matter of Rendino v. . Continental Can Company
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 12, 1918, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. Claimant, a boy seventeen years of age, was employed by defendant Continental Can Company to dip cans in a liquid.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 12, 1918, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. Claimant, a boy seventeen years of age, was employed by defendant Continental Can Company to dip cans in a liquid. On the day of the accident, having finished his own work he attempted to operate a stamping machine in violation of orders of his employer and received the injuries complained of. The industrial commission held that although claimant violated orders,…
1Opinion of the Court
Order of Appellate Division and determination of industrial commission reversed and claim dismissed, with costs against the industrial commission in this court and in the Appellate Division., on ground there is no evidence to sustain the finding that the claimant’s injury arose out of the course of his employment, within the authority of Di Salvio v. Menihan Co. (225 N. Y. 123).
Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.
2Cases cited1 opinion
- Matter of Di Salvio v. . Menihan Co.New York Court of Appeals · 1919
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- Claim of Yodakis v. Alexander Smith & Sons Carpet Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Erdberg v. United Textile Print WorksAppellate Division of the Supreme Court of the State of New York · 1926
- Claim of Hamberg v. Flower City Specialty Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Claim of Pientka v. Thompson Norris Co.Appellate Division of the Supreme Court of the State of New York · 1921