Legal Opinion

Matter of O'Neil v. . Carley Heater Co.

New York Court of Appeals

Decided June 16, 1916PublishedCited by 9 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1916, affirming an award of the state industrial commission, under the Workmen’s Compensation Daw. The facts, so far as material, are stated in the opinion. The death of claimant’s intestate did not arise out of his employment. (Fitzgerald v. Clarke & Son, 1 B. W. C. C. 197; Employers’ Liability Assur.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 15, 1916, affirming an award of the state industrial commission, under the Workmen’s Compensation Daw. The facts, so far as material, are stated in the opinion. The death of claimant’s intestate did not arise out of his employment. (Fitzgerald v. Clarke & Son, 1 B. W. C. C. 197; Employers’ Liability Assur. Corp., 102 N. E. Rep. 697; Clifford v. Joy, 2 B. W. C. C. 32; Sheldon v. Needham, 7 B. W. C. C. 471; Reed v. G. W. R. R. Co., 2 B. W. C. C. 109; Hills v. Blair, 148 N. W. Rep.…

1Opinion of the CourtHiscock, J.

An award has been made to the claimant, respondent, and sustained by the Appellate Division, to compensate her for the death of her husband. It was, in substance, found by the commission that the deceased . was in the employ of the Oarley Heater Company, a corporation engaged in the manufacture and installation of tannery machinery; that at the time of decedent’s death this company was installing machinery for another company and the decedent was engaged in the performance of this w-ork; that on the day of the occurrence in question he suffered from some form of illness, and was told by an…

2Cited by9 opinions

  1. Department of Correction v. HarrisCourt of Appeals of Maryland · 1963
  2. Elliott v. Industrial Accident CommissionCalifornia Supreme Court · 1942
  3. Portee v. South Carolina State HospitalSupreme Court of South Carolina · 1959
  4. Security Mut. Casualty Co. v. WakefieldCourt of Appeals for the Fifth Circuit · 1939
  5. Yawkey-Bissell Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1934

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