Legal Opinion · Dissent

Claim of Harby v. Marwell Bros.

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

Decided November 24, 1922Published

1Dissent

Kiley, J. (dissenting):

Claimant is the widow of Julian E. Harby who, previous to his death, by accident, on December 2, 1921, lived at Arlington, N. J. He was killed by a train at Arlington, N. J., at about eight a. m. on said December second, while trying to cross a railroad track. He worked for Harwell Brothers, Inc., wholesale grocers, as a traveling salesman on a commission. Claimant had compensation *528awarded her and her minor children' on the following facts: He lived at home, was there nights and sometimes home for lunch, he had territory in New Jersey where he called on wholesale…

2Cases cited9 opinions

  1. Claim of Kowalek v. New York Consolidated RailroadNew York Court of Appeals · 1920
  2. McInerney v. Buffalo & Susquehanna RailroadNew York Court of Appeals · 1919
  3. Matter of Clark v. . VoorheesNew York Court of Appeals · 1921
  4. Claim of Scanlon v. Herald Co.Appellate Division of the Supreme Court of the State of New York · 1922
  5. Pierson v. Interborough Rapid Transit Co.Appellate Division of the Supreme Court of the State of New York · 1918

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