Legal Opinion

Claim of Dale v. Saunders Bros.

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

Decided March 8, 1916PublishedCited by 7 opinions

Appeal by Saunders Brothers and another from an award of the State Industrial Oommission, made on the 16th day of July, 1915, granting compensation herein.

1Opinion of the Court

Kellogg, P. J.:

Saunders Brothers, appellants, were makers uf brick, and Dale was one of their teamsters. The sworn report made by them to the Commission states concisely the manner in which he met his death. “ I sent him for a load of sand, while there it fell. Sand bank fell, and he died the next day.”

Saunders Brothers were drawing this sand for profit, and Dale was their teamster; the fact that his team was not moving when he was injured, and that he was loading sand in the wagon in order to draw the load to Auburn, does not deprive him of the benefit of this law. He was operating the wagon…

2Cases cited1 opinion

  1. Claim of Smith v. PriceAppellate Division of the Supreme Court of the State of New York · 1915

3Cited by7 opinions

  1. Claim of Schweitzer v. Thompson & Norris Co. of New JerseyNew York Court of Appeals · 1920
  2. Murray v. Wasatch Grading Co.Utah Supreme Court · 1929
  3. Klemmens v. Workmen's Compensation BureauNorth Dakota Supreme Court · 1926
  4. Claim of Holtz v. Greenhut & Co.Appellate Division of the Supreme Court of the State of New York · 1916
  5. Claim of Dale v. Hual Construction Co.Appellate Division of the Supreme Court of the State of New York · 1916

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