Legal Opinion
Schwartz v. State
New York Court of Claims
Decided January 8, 1937No. Claim No. 24089PublishedCited by 1 opinion
1Opinion of the CourtRyan, J.
The negligence of the State of New York has been determined by this court in two previous claims. Awards therein were made, paid, and no appeal taken. (Anderson v. State, Claim No. 23785; Albany Yellow Cab Co., Inc., v. State, Claim No. 23786.)
Two questions remain. The answer to the first is that we find claimant’s intestate free from contributory negligence.
The second question is: Did the injuries to and death of claimant’s intestate arise out of and in the course of his employment?
Schwartz had ceased work for the day. After the lapse of about fifty minutes he had called a taxicab of his own…
2Cases cited3 opinions
- Claim of Kowalek v. New York Consolidated RailroadNew York Court of Appeals · 1920
- Symonski v. Central Railroad Co.Supreme Court of New Jersey · 1926
- Claim of Broderick v. George Colon & Co.New York Court of Appeals · 1931
3Cited by1 opinion
- Goldstein v. StateNew York Court of Claims · 1938