Claim of Powley v. Vivian & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Vivian & Company, Inc., and another, from an award of the Workmen’s Compensation Commission, entered in the office of said Commission on the 8th day of February, 1915.
1Opinion of the Court
Lyon, J.:
The single question for determination upon this appeal is whether the claimant at the time he was injured was an employee of the defendant, Vivian & Co., Inc., within the meaning of the Workmen’s Compensation Law, or was an independent contractor. Vivian & Co., Inc., hereinafter mentioned as Vivian Co., was engaged, under a contract with one Coen, in dredging waters at Oyster Bay, N. Y., for which service it was to be paid for the quantity of sand and gravel removed. It was the owner of scows within which to dump and carry away the material dredged. The claimant was the owner of a…
2Cases cited7 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Cunningham v. International RailroadTexas Supreme Court · 1879
- Kellogg v. Church Charity Foundation of Long IslandNew York Court of Appeals · 1911
- Alexander v. R. A. Sherman's Sons Co.Supreme Court of Connecticut · 1912
- Indiana Iron Co. v. CrayIndiana Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pace v. Appanoose CountySupreme Court of Iowa · 1918
- Ludlow v. Industrial CommissionUtah Supreme Court · 1925
- Petrow & Giannou v. ShewanNebraska Supreme Court · 1922
- Columbia School Supply Co. v. LewisIndiana Court of Appeals · 1916
- Bogan v. Smoothway Construction Co.Superior Court of Pennsylvania · 1957
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