Legal Opinion

Claim of Baird v. Barclay Park Corp.

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

Decided March 15, 1935PublishedCited by 1 opinion

1Opinion of the Court

*842— Dependency of mother is established. Her son was killed by falling down an elevator shaft in a hotel. The shaft into which he fell was adjacent to the one in which he operated a ear. He opened it by mistake. The question involved is, did the son abandon his employment by leaving the elevator he was operating to deliver a letter to a guest of the hotel? There is proof of a general rule that elevator operators should not leave their cars, but this rule was violated frequently and notoriously; its violation several times was directed by the immediate superior of the operator. Award for death…

2Cited by1 opinion

  1. Claim of Commissioner of Taxation & Finance ex rel. Vocational Rehabilitation Fund v. Hotel Waldorf Astoria Corp.Appellate Division of the Supreme Court of the State of New York · 1956

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