Legal Opinion

Claim of Spinks v. Village of Marcellus

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

Decided December 28, 1917Published

Appeal by the defendant, Village of Marcellus and another, from an award of the State Industrial Commission, made on the 21st day of June, 1917.

1Opinion of the Court

Kellogg, P. J.:

The injured employee was at work for the village by the month. He was employed as street commissioner and policeman. He looked after the streets, the lights and the engine house, “ the water, the electric poles, everything that was contained in the corporation.” He describes the accident as follows: “I was going to get some lead from the depot. The truckman was going down and I saw him and I got on the sleigh. When I got off the sleigh to go over to the depot my foot caught in the sleigh and threw me. When he was coming back to the depot he was going to stop and get the lead. *…

2Cases cited3 opinions

  1. Matter of Glatzl v. . StumppNew York Court of Appeals · 1917
  2. Claim of Gleisner v. Gross & HerbenerAppellate Division of the Supreme Court of the State of New York · 1915
  3. Claim of Wincheski v. MorrisAppellate Division of the Supreme Court of the State of New York · 1917

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