Legal Opinion
Claim of Mausert v. Albany Builders Supply Co.
New York Court of Appeals
Decided December 31, 1928PublishedCited by 36 opinions
1Opinion of the CourtO’Brien, J.
This is the question certified: “ Was there any evidence in the record upon which the State Industrial Board could make a finding of fact that the injury resulting in the death of William Mausert was an accidental injury and arose out of and in the course of his employment? ”
William Mausert was employed as a teamster by the Albany Builders Supply Company. While driving his horses at a walk over smooth pavement, he fell from his seat and two wheels passed over his body. Within three hours he died. There is no evidence that his fall was intentional and the carrier at the hearing expressly…
2Cases cited5 opinions
- Dow's CaseMassachusetts Supreme Judicial Court · 1918
- Board of Commissioners v. ShertzerIndiana Court of Appeals · 1920
- Matter of Hansen v. . Turner Construction Co.New York Court of Appeals · 1918
- Matter of Barath v. . Arnold Paint CompanyNew York Court of Appeals · 1924
- Matter of Daly v. United States Trucking CompanyNew York Court of Appeals · 1928
3Cited by36 opinions
- Vause v. Vause Farm Equipment Co.Supreme Court of North Carolina · 1951
- Matter of Connelly v. Samaritan HospitalNew York Court of Appeals · 1932
- Claim of Andrews v. L. & S. Amusement Corp.New York Court of Appeals · 1930
- Protectu Awning Shutter Co. v. ClineSupreme Court of Florida · 1944
- Burroughs Adding Machine Co. v. DehnIndiana Court of Appeals · 1942
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