Legal Opinion

Claim of Kelley v. Hoefler Ice Cream Co.

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

Decided May 4, 1921PublishedCited by 5 opinions

Appeal by the defendants, Hoefler Ice Cream Company and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 13th day of October 1920.

1Opinion of the Court

Van Kirk, J.:

Raymond R. Kelley, while in the employ of the Hoefler Ice Cream Company, died from accidental injuries arising out of and in the course of his employment. An award was denied to the father, but was made to the mother at the rate of five dollars and seventy-seven cents per week. The one question raised on the appeal is whether or not the mother was dependent. The case was submitted and I find no brief for the claimant.

The deceased was a minor, eighteen years of age, unmarried and living with his parents. The mother filed no claim. The father, Rollin J. Kelley, filed a claim,…

2Cases cited3 opinions

  1. Birmingham v. Westinghouse Electric & Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1917
  2. Claim of Walz v. Holbrook, Cabot & Rollins Corp.Appellate Division of the Supreme Court of the State of New York · 1915
  3. Claim of Schedzick v. Volney Paper Co.Appellate Division of the Supreme Court of the State of New York · 1920

3Cited by5 opinions

  1. Paul v. State Industrial Accident CommissionOregon Supreme Court · 1929
  2. Claim of Sigalove v. PenzelAppellate Division of the Supreme Court of the State of New York · 1926
  3. Rowe v. Ford Motor Co.Michigan Supreme Court · 1938
  4. Claim of Horn v. Curtiss-Wright Corp.Appellate Division of the Supreme Court of the State of New York · 1947
  5. Claim of Parkinson v. LavinaAppellate Division of the Supreme Court of the State of New York · 1947

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