Legal Opinion

Claim of Smith v. Venezian Lamp Co.

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

Decided December 19, 1957PublishedCited by 17 opinions

1Opinion of the CourtFoster, P. J.

This is an appeal from an award of compensation. The sole issue is whether claimant was an employee of the alleged employer at the time of the accident.

There is no dispute as to the facts. The alleged employer was a manufacturer of lamps, with its principal place of business at Brooklyn, New York. Claimant sought a job as a polisher, and the man in charge of the company’s polishing operations told claimant he would try him out. Accordingly claimant was given a part of a lamp to be polished, which was placed on a spool, and claimant attempted to polish the same by means of a buffing machine.…

2Cases cited4 opinions

  1. Matter of Bollard v. EngelNew York Court of Appeals · 1938
  2. Claim of Bollard v. EngelAppellate Division of the Supreme Court of the State of New York · 1938
  3. Claim of Lederson v. Cassidy & DorfmanAppellate Division of the Supreme Court of the State of New York · 1921
  4. Claim of Domino v. Madison County Construction Co.Appellate Division of the Supreme Court of the State of New York · 1944

3Cited by17 opinions

  1. Lotspeich v. Chance Vought AircraftCourt of Appeals of Texas · 1963
  2. Laeng v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1972
  3. Childs v. Kalgin Island LodgeAlaska Supreme Court · 1989
  4. Younger v. City and County of DenverSupreme Court of Colorado · 1991
  5. Moore v. GundelfingerMichigan Court of Appeals · 1974

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