Matter of Leonbruno v. . Champlain Silk Mills
New York Court of Appeals
T Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 20, 1920, affirming 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. The injuries did not arise out of the employment. (Matter of Heitz v. Ruppert, 218 N. Y. 148; Coronada Beach Co. v. Pillsbury, 158 Pac. Rep. 212; De Fillipis v. Faulkenberg, 170 App.
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T Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 20, 1920, affirming 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. The injuries did not arise out of the employment. (Matter of Heitz v. Ruppert, 218 N. Y. 148; Coronada Beach Co. v. Pillsbury, 158 Pac. Rep. 212; De Fillipis v. Faulkenberg, 170 App. Div. 153; 219 N. Y. 581; Armitage v. L. & Y. Ry. Co., 86 L. T. 883; Falconer v. L. & G. Eng. Co., 38 S. L. R. 381; Fitzgerald v.…
1Opinion of the CourtCardozo, J.
The claimant while engaged in the performance of his duties in the employer’s factory was struck by an apple which one of his fellow-servants, a boy, was throwing in sport at another, and as a consequence lost the better part of the sight of one eye. He did not participate in the horse-play, and had no knowledge of it till injured. The question is whether the accident was one “ arising out of and in the course of employment,” within the meaning of the statute (Workmen’s Compensation Law, sec. 3, subd. 7; Consol. Laws, chap. 67).
That it arose “ in the course of employment ” is unquestioned.…
2Cases cited9 opinions
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- Claim of Verschleiser v. Joseph Stern & SonNew York Court of Appeals · 1920
- Matter of Di Salvio v. . Menihan Co.New York Court of Appeals · 1919
- Matter of Grieb v. . HammerleNew York Court of Appeals · 1918
- Claim of Redner v. H. C. Faber & SonNew York Court of Appeals · 1918
4 more not listed; retrieve them via the Exa API.
3Cited by160 opinions
- Faragher v. City of Boca RatonSupreme Court of the United States · 1998
- Hartford Accident & Indemnity Co. v. CardilloCourt of Appeals for the D.C. Circuit · 1940
- Hall v. EI Du Pont De Nemours & Co., Inc.District Court, E.D. New York · 1972
- Rodgers v. Kemper Construction Co.California Court of Appeal · 1975
- Conrad v. Cook-Lewis Foundry Co.Supreme Court of North Carolina · 1930
155 more not listed; retrieve them via the Exa API.