Legal Opinion
Fox v. Truslow & Fulle, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 1923PublishedCited by 5 opinions
1Opinion of the Court
H. T. Kellogg, Acting P. J.:
The deceased was a machine attendant in the plant of the employer. She received a cut upon her wrist while cleaning a machine which was then in motion. Infection set in at the site of the cut with the result that death soon after followed. The cleaning of a machine while in motion was strictly forbidden by the employer. The question in the case, therefore, is whether the deceased employee, by doing the thing forbidden, stepped out of her employment.
In Macechko v. Bowen Mfg. Company (179 App. Div. 573) an employee, who was engaged in operating a power press, in…
2Cases cited2 opinions
- Claim of Macechko v. Bowen Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Claim of Yodakis v. Alexander Smith & Sons Carpet Co.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by5 opinions
- Claim of Burns v. Merritt Engineering Co.New York Court of Appeals · 1951
- Claim of Merchant v. Pinkerton's Inc.New York Court of Appeals · 1980
- Claim of Feldman v. A. B. C. Vending Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Claim of Merchant v. Pinkerton's Inc.New York Court of Appeals · 1980
- Fox v. Truslow & Fulle, Inc.Appellate Division of the Supreme Court of the State of New York · 1923