Legal Opinion · Dissent

United States Fidelity & Guaranty Co. v. R. H. Macy & Co.

Court of Appeals for the Second Circuit

Decided June 24, 1946No. 271Published

1DissentL. Hand, Circuit Judge

I hesitate to differ from my brothers in the construction of a state law, which has been the subject of so many decisions in the state courts themselves. • Nevertheless, it does seem to me that Mrs. Kuenzli was not an “employee” within the meaning of the Workmen’s Compensation Act. Suppose that the Foley Manufacturing Com*207pany had not been an employer from whom she was independently entitled to compensation. If my brothers are right, she would in that case lose any right to indemnity for her injuries, and yet her compensation would be measured by only two dollars a week. I should think that…

2Cases cited6 opinions

  1. Matter of De Noyer v. . CavanaughNew York Court of Appeals · 1917
  2. Claim of Rheinwald v. Builders' Brick & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1915
  3. Ferro v. Leopold Sinsheimer Estate, Inc.New York Court of Appeals · 1931
  4. Matter of Seymour v. Odd Fellows' HomeNew York Court of Appeals · 1935
  5. Matter of Lewis v. Hotel St. RegisNew York Court of Appeals · 1941

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