Legal Opinion

Claim of Moochler v. A. H. Herrick & Son

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

Decided March 15, 1936PublishedCited by 3 opinions

1Opinion of the Court

Appeal from award of death benefits. Deceased had been employed by appellant for years as a night watchman at ten dollars per week. While making his rounds on appellant’s premises he sustained accidental injuries from which he died. He also served as watchman for others in the vicinity, for which he was paid various sums totalling twelve dollars and twenty-five cents per week. The Industrial Board found the average weekly wage to be twenty-two dollars and twenty-five cents and made an award on that basis. Appellants contend that deceased was an independent contractor. Award unanimously…

2Cited by3 opinions

  1. St Paul-Mercury Indemnity Co. v. IdovCourt of Appeals of Georgia · 1953
  2. Claim of Cyrus v. Modart Construction Co.Appellate Division of the Supreme Court of the State of New York · 1954
  3. Claim of Phillips v. Dunkirk Printing Co.Appellate Division of the Supreme Court of the State of New York · 1939

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