Tallon v. . Interborough Rapid Transit Co.
New York Court of Appeals
Appeal from a judgment entered November 17, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The Workmen’s Compensation Law does not apply, for the reason that the injury which resulted in Tallon’s death did not arise “ out of and in the course of ” his employment. (Matter of Kowalek v. N. Y. Cons.
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Appeal from a judgment entered November 17, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The Workmen’s Compensation Law does not apply, for the reason that the injury which resulted in Tallon’s death did not arise “ out of and in the course of ” his employment. (Matter of Kowalek v. N. Y. Cons. Ry., 229 N. Y. 489; Pierson v. Interborough R. T. Co., 102 Misc. Rep. 130; 184 App. Div. 679; 227 N. Y. 666; Matter of Schultz v.…
1Opinion of the CourtCrane, J.
James P. Tallón was in the employ of the defendant as a guard on one of its trains. On the 21st day of October, 1919, he was on his way to work, being in full uniform, riding in one of the defendant’s passenger trains, having gained entrance thereto by means of a pass which he had received at the time of his employment. He lived at 469 East One Hundred and Forty-sixth street in the borough of Manhattan, city of New York, and it was his duty to report for work at the defendant’s station at One Hundred and Seventy-seventh street and Third avenue at 6.43 a. m. and to start out as guard on a…
2Cases cited7 opinions
- Claim of Littler v. George A. Fuller Co.New York Court of Appeals · 1918
- Claim of Kowalek v. New York Consolidated RailroadNew York Court of Appeals · 1920
- McInerney v. Buffalo & Susquehanna RailroadNew York Court of Appeals · 1919
- Schultz v. Champion Welding & Manufacturing Co.New York Court of Appeals · 1921
- Pierson v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
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- Claim of Neacosia v. New York Power AuthorityNew York Court of Appeals · 1995
- American Mutual Liability Insurance v. CurrySupreme Court of Georgia · 1938
- Konopka v. Jackson County Road CommissionMichigan Supreme Court · 1935
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