Legal Opinion

Matter of Lorchitsky v. . Gotham Folding Box Co.

New York Court of Appeals

Decided November 16, 1920PublishedCited by 15 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 14, 1920, unanimously affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion.

1Opinion of the Court

Hiscock, Ch. J.

A substantial award was made to the claimant because of injuries received by him while in the employ of the appellant box company. It is insisted by appellants that while these injuries arose in the course of his employment, they did not arise out of it. Since the award has been unanimously affirmed we are confined in a consideration of this claim to the facts as found by the commission.

At the outset of our consideration we encounter a practice by the commission which we regard as unfortunate. This is the one of incorporating the opinion written by the commission as part of the…

2Cases cited4 opinions

  1. Matter of Eldridge v. . Endicott, Johnson Co.New York Court of Appeals · 1920
  2. Claim of Woodruff v. R. H. Howes Construction Co.New York Court of Appeals · 1920
  3. Matter of Belcher v. . Carthage Machine Co.New York Court of Appeals · 1918
  4. Matter of Hansen v. . Turner Construction Co.New York Court of Appeals · 1918

3Cited by15 opinions

  1. Matter of Wilson v. General Motors Corp.New York Court of Appeals · 1949
  2. Claim of McCormack v. National City BankNew York Court of Appeals · 1951
  3. Claim of Daus v. Gunderman & Sons, Inc.New York Court of Appeals · 1940
  4. Matter of Clark v. . VoorheesNew York Court of Appeals · 1921
  5. Claim of Hoffman v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1942

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