Legal Opinion

Wright v. . State of New York

New York Court of Appeals

Decided February 26, 1918PublishedCited by 19 opinions

Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 14, 1917, modifying and affirming as modified a judgment in favor of plaintiff entered upon an award of the Court of Claims. The facts, so far as material, are stated in the opinion. Defendant’s claim that a loektender is not a workman or laborer, under the statute, cannot be sustained. (Clark v. State, 142 N. Y. 101; McCammon v. State, 12 Ct. Cl.

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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 14, 1917, modifying and affirming as modified a judgment in favor of plaintiff entered upon an award of the Court of Claims. The facts, so far as material, are stated in the opinion. Defendant’s claim that a loektender is not a workman or laborer, under the statute, cannot be sustained. (Clark v. State, 142 N. Y. 101; McCammon v. State, 12 Ct. Cl. Rep. 20; 117 App. Div. 913.) The claimant was not a “ workman ” or “ laborer ” within the meaning of chapter 385 of the…

1Opinion of the CourtHogan, J.

In the years 1893-1894 the season of navigation on the Erie canal opened May first and closed December first. During the years stated, the claimant was appointed by the Superintendent of Public Works a locktender on the Erie canal. His compensation was fixed by the Superintendent at $42.50 per month, which amount was paid to him at the end of each month during the two seasons and he receipted for the same on the monthly payrolls. During the two seasons there were two locktenders at the lock where claimant was employed, each one working twelve hours per day, seven days per week, that the canal…

2Cases cited5 opinions

  1. Clark v. . StateNew York Court of Appeals · 1894
  2. Kehn v. . State of New YorkNew York Court of Appeals · 1883
  3. McCarthy v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
  4. Pitt v. . Board of EducationNew York Court of Appeals · 1915
  5. Drake v. . StateNew York Court of Appeals · 1895

3Cited by19 opinions

  1. United States Ex Rel. Johnson v. Morley Const. Co.Court of Appeals for the Second Circuit · 1938
  2. City of Glendale v. CoquatArizona Supreme Court · 1935
  3. Robinette v. Hubbard Coal Mining Co.West Virginia Supreme Court · 1921
  4. McNulty v. . City of New YorkNew York Court of Appeals · 1924
  5. United States Ex Rel. Johnson v. Morley Const. Co.District Court, W.D. New York · 1936

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