Legal Opinion

Claim of Mulford v. A. S. Pettit & Sons, Inc.

New York Court of Appeals

Decided May 1, 1917PublishedCited by 13 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1916, which affirmed an award of the State Industrial Commission under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. A. S. Pettit & Sons, Inc., the employer, was not “employing workmen in hazardous employments.”

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1916, which affirmed an award of the State Industrial Commission under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion. A. S. Pettit & Sons, Inc., the employer, was not “employing workmen in hazardous employments.” Edward E. Mulford, the deceased employee, was not engaged in a hazardous employment in the service of an employer carrying on or conducting the same, and the claim is not within the provisions of the…

1Opinion of the CourtPound, J.

Deceased was a salesman for A. S. Pettit & Sons, Inc., a corporation engaged in the business of deal ing in lumber, coal and feed, a non-hazardous occupation not covered by the Workmen’s Compensation Law. His employer furnished him with a motor cycle on which to ride about the country for the purpose of taking orders and collecting accounts. While he was engaged in this occupation he was struck by a railroad train and killed. An award has been made to his widow and minor child for compensation under the provisions of group 41 of section 2 of the law (Cons. Laws, ch. 67), which reads as…

2Cases cited4 opinions

  1. Herbert v. Shanley Co.Supreme Court of the United States · 1917
  2. Matter of Bargey v. . Massaro MacAroni Co.New York Court of Appeals · 1916
  3. Claim of Wilson v. C. Dorflinger & SonsNew York Court of Appeals · 1916
  4. Matter of Glatzl v. . StumppNew York Court of Appeals · 1917

3Cited by13 opinions

  1. Cook's CaseMassachusetts Supreme Judicial Court · 1923
  2. Dillon v. . Trustees of St. Patrick's CathedralNew York Court of Appeals · 1922
  3. Matter of McNally v. . Diamond Mills Paper Co.New York Court of Appeals · 1918
  4. Mayor of Baltimore v. TrunkCourt of Appeals of Maryland · 1937
  5. Matter of Kender v. . ReinekingNew York Court of Appeals · 1920

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