Legal Opinion

Matter of Adams v. . New York, Ontario and W. Railway Co.

New York Court of Appeals

Decided January 30, 1917PublishedCited by 12 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 14, 1916, which reversed an order of the state industrial commission requiring the defendant to deposit in the state fund moneys sufficient to meet future payments of award.

1Opinion of the CourtCuddeback, J.

The order appealed from which required the deposit in the state fund by the employer and self-insurer of the money to meet the future payments of an award was properly reversed at the Appellate Division, for the reason that section 27 of the Workmen’s Compensation Law (Cons. Laws, ch. 67), which requires such deposit, does not apply to an award made to a widow. It does not contemplate and fails to provide for weighing or determining the contingency of the widow’s remarriage — which would bring about a cessation of the payments to her.

The order appealed from should be affirmed, with costs…

2Cited by12 opinions

  1. Surace v. DannaNew York Court of Appeals · 1928
  2. Claim of Brophy v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1934
  3. Claim of Wagner v. Wilson & Co.New York Court of Appeals · 1929
  4. Bacon v. United Electric Railways Co.Supreme Court of Rhode Island · 1930
  5. Cogdill v. Aetna Life InsuranceMontana Supreme Court · 1931

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