Claim of Spang v. Broadway Brewing & Malting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Broadway Brewing and Malting Company and another, from an award of the State Industrial Commission, made on the 19th day of October, 1917. An award was made herein on the 13th day of August, 1917, but the case was reopened and the final award was made October 19, 1917, to the same .effect, as the award originally entered.
1Opinion of the Court
Cochrane, J.:
The employer 'was a manufacturer of malt liquors, which business is classified as hazardous within group 27 of section 2 of the Workmen’s Compensation Law (Consol. Laws, chap. 67 [Laws of 1914, chap. 41], as amd. by Laws of 1917, chap. 705). Charles Spang, the employee, was a collector and while in the performance of his duties as such collector on July 5, 1917, in a saloon away from the plant of his employer he was shot and killed. The shooting was intentional and the purpose thereof was to secure the money which Spang had on his person belonging to his employer.
Under…
2Cases cited5 opinions
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- Matter of Dose v. . Moehle Lithographic Co.New York Court of Appeals · 1917
- Claim of Hellman v. Manning Sand Paper Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Matter of Hellman v. . Manning Sand Paper CompanyNew York Court of Appeals · 1917
- Claim of Dietz v. SolomonwitzAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by12 opinions
- Ward & Gow v. KrinskySupreme Court of the United States · 1922
- Vivier v. Lumbermen's Indemnity Exch.Texas Commission of Appeals · 1923
- Industrial Commission v. Pueblo Auto Co.Supreme Court of Colorado · 1922
- Pinkerton National Detective Agency v. WalkerSupreme Court of Georgia · 1924
- Claim of Rosmuth v. American Radiator Co.Appellate Division of the Supreme Court of the State of New York · 1922
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