Claim of Smith v. A. M. Oesterheld & Son
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, A. M. Oesterheld & Son and another, from a decision and award of the State Industrial Commission, entered in the office of said Commission on the 3d day of February, 1919.
1Opinion of the Court
H. T. Kellogg, J.:
On the day that the deceased was killed he had gone, at about seven in the morning, to the private railroad yard of the Hurlburt Motor Company in the city of New York, to unload a carload of lumber. This yard lay to the west of Third avenue, while the yard of the Central Railroad of New Jersey lay to the east of that avenue. The trucks which were to remove the lumber did not arrive, so at about eight o’clock the deceased telephoned to the office of his employer inquiring the cause of delay. He was told that the trucks were on their way. The first truck arrived and was loaded…
2Cases cited2 opinions
- Matter of Driscoll v. . Henry Gillen Sons LighterageNew York Court of Appeals · 1919
- Claim of Driscoll v. Henry Gillen & Sons, Lighterage, Inc.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Claim of Norris v. New York Central RailroadNew York Court of Appeals · 1927
- In re the Claim of VincentAppellate Division of the Supreme Court of the State of New York · 1928