Claim of Bowne v. S. W. Bowne Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 17, 1917, 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. The claimant was not an employee or a workman within the meaning of the Workmen’s Compensation Law.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 17, 1917, 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. The claimant was not an employee or a workman within the meaning of the Workmen’s Compensation Law. (Bristor v. Smith, 158 N. Y. 157; Palmer v. Van Santvoord, 158 N. Y. 612; Matter of Petrie, 215 N. Y. 335; Post v. Burger & Gohlke, 216 N. Y. 544,- Rheinwald v. Builders’ B. & S. Co., 168 App. Div.…
1Opinion of the CourtPound, J.
The question presented on this appeal is whether the president and principal executive officer of a corporation which employs workmen in carrying on a hazardous occupation is entitled as such to the benefits of the Workmen’s Compensation Law (Cons. Laws, ch. 67) as an employee if he meets with an accident.
The claimant was the president and majority stockholder of S. W. Bowne Company, which was engaged in the manufacture of cattle foods. (Group 29.) He was the principal executive officer. His salary was $70 a week. He met with an accident on March 6, 1916, while performing manual labor,…
2Cases cited7 opinions
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Palmer v. . Van SantvoordNew York Court of Appeals · 1897
- Matter of StrykerNew York Court of Appeals · 1899
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- Milwaukee Toy Co. v. Industrial CommissionWisconsin Supreme Court · 1931
- Mahoney v. Nitroform Co., Inc.Supreme Court of New Jersey · 1956
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- Solheim v. Hastings Housing Co.Nebraska Supreme Court · 1949
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