Matter of Schmidt v. . Berger
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1916, 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. Claimant was not an employee engaged in an employment specified as hazardous at the time of injury. (Matter of Sheridan v. Groll Const.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1916, 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. Claimant was not an employee engaged in an employment specified as hazardous at the time of injury. (Matter of Sheridan v. Groll Const. Co., 218 Y. Y. 633; Matter of Chappelle v. Broadway, 218 N. Y. 632; Hertz v. Ruppert, 218 N. Y. 148; Bargey v. Massaro Macaroni Co., 218 N. Y. 410; Glatzl v. Stumpp, 220 N. Y. 71;…
1Opinion of the CourtChase, J.
The appellant Berger is the owner of an apartment house at 108-10 West One Hundred and Eleventh street, New York city. The claimant was employed by her as a superintendent of the building and incidental to that employment he made ordinary repairs on such building. While so employed he found that a basement door “bound at the top” and did not open or shut freely. He mounted a stepladder and while standing thereon commenced with a carpenter’s tool called a “ plane ” to cut away a part of the door and thus prevent such binding, and while so engaged fell off the stepladder and broke his arm. The…
2Cases cited3 opinions
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- Matter of Bargey v. . Massaro MacAroni Co.New York Court of Appeals · 1916
- Matter of Sheridan v. . P.J. Groll Construction CompanyNew York Court of Appeals · 1916
3Cited by5 opinions
- Claim of Geller v. Republic Novelty WorksAppellate Division of the Supreme Court of the State of New York · 1917
- Claim of Solomon v. BonisAppellate Division of the Supreme Court of the State of New York · 1917
- Matter of Kammer v. . HawkNew York Court of Appeals · 1917
- Claim of Alterman v. A. I. Namm & SonAppellate Division of the Supreme Court of the State of New York · 1919
- People v. SommervilleNew York Court of Special Session · 1938