Legal Opinion

Claim of Days v. S. Trimmer & Sons, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1916PublishedCited by 13 opinions

Appeal by the defendants, S. Trimmer & Sons, Inc., and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 29th day of May, 1916.

1Opinion of the Court

Lyon, J.:

The employer, S. Trimmer & Sons, Inc., was a coal dealer. As such it delivered coal by wagons, and carried coal into the houses of its customers. The claimant was employed as a helper. It was his duty to assist the driver in the care of the horses and in carrying coal. February 15, 1916, was a very cold and stormy day, and while the claimant, wearing only a pair of cheap gloves, was engaged in carrying coal, all his fingers and toes were frost bitten. As a result of such frost bites ulcers developed on the third and fourth fingers of both hands, and the first and second fingers of…

2Cases cited3 opinions

  1. Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
  2. Claim of Moore v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1915
  3. Claim of Marhoffer v. MarhofferAppellate Division of the Supreme Court of the State of New York · 1916

3Cited by13 opinions

  1. Brady v. Oregon Lumber Co.Oregon Supreme Court · 1925
  2. State ex rel. Virginia & Rainy Lake Co. v. District CourtSupreme Court of Minnesota · 1917
  3. Riley v. Boise CityIdaho Supreme Court · 1934
  4. Murphy v. I. C. U. Construction Co.Supreme Court of Kansas · 1944
  5. Consumers Co. v. Industrial CommissionIllinois Supreme Court · 1926

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