Legal Opinion

Claim of Smith v. Heine Safety Boiler Co.

New York Court of Appeals

Decided May 28, 1918PublishedCited by 38 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 29, 1918, affirming an award of the state industrial commission made under the Workmen’s Compensation Law.

1Opinion of the CourtCardozo, J.

This is a claim for death benefits under the Workmen’s Compensation Law.

The employer, the Heine Safety Boiler Company, is a Missouri corporation. It has factories in Missouri and Pennsylvania. Warren H. Smith, the decedent, entered its service in 1900 under a contract of employment which was made in New York city. Mr. Smith was a traveling engineer. He was sent all over the United States, and took his orders from the employer’s superintendent of construction. At first, the employer maintained engineering and construction offices in New York. In 1904, the construction office was moved to…

2Cases cited5 opinions

  1. Mountain Timber Company v. State of WashingtonSupreme Court of the United States · 1916
  2. Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
  3. Ralli v. TroopSupreme Court of the United States · 1895
  4. The People Ex Rel. Dusenbury v. . SpeirNew York Court of Appeals · 1879
  5. Claim of Gardner v. Horseheads Construction Co.Appellate Division of the Supreme Court of the State of New York · 1916

3Cited by38 opinions

  1. Bradford Electric Light Co. v. ClapperSupreme Court of the United States · 1932
  2. Westchester Lighting Co. v. Westchester County Small Estates Corp.New York Court of Appeals · 1938
  3. Matter of Cameron v. Ellis Construction Co.New York Court of Appeals · 1930
  4. Quong Ham Wah Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1920
  5. Claim of Schmidt v. Wolf Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1945

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