Claim of Lyon v. Windsor
Appellate Division of the Supreme Court of the State of New York
Appeal by Rose Windsor and others from an award of the State Industrial Commission, entered in the office of said Commission on or about the 5th day of August, 1915, and also from a further award and order entered therein on or about the 26th day of August, 1915. ■
1Opinion of the Court
Woodward, J.:
The award made by the State Industrial Commission must be set aside as unsustained by the findings or the evidence, and as based upon an erroneous conception of the Workmen’s Compensation Law.
The claimant was a salesman. His duties were performed, within the place of business of his employers, the firm of Windsor & Davis, copartners in the business of manufacturing dresses and women’s gowns. The claimant’s principal, if not exclusive, duties were those of salesmanship; he concededly had nothing to do, by way of either participation or supervision, with the actual manufacture of…
2Cases cited3 opinions
- Claim of Rheinwald v. Builders' Brick & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Claim of Aylesworth v. Phœnix Cheese Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Claim of Gleisner v. Gross & HerbenerAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by2 opinions
- Mattes v. Mayor of BaltimoreCourt of Appeals of Maryland · 1942
- Claim of Dose v. Moehle Lithographic Co.Appellate Division of the Supreme Court of the State of New York · 1917