Claim of Banks v. Adams Express Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by The Adams Express Company from an award of the State Industrial Commission, made on the 10th day of April, 1916. Award affirmed. All concurred, except Lyon, J., who voted in opinion for reversal and to remit the matter to the Commission for a finding as to whether the injury caused the death.
1Opinion of the Court
Lyon, J. (dissenting):
On August 6, 1915, Harry Banks, the deceased, was employed as a helper upon one of the delivery wagons of the Adams Express Company. While engaged in his work about half-past four o’clock in the afternoon he fell from the wagon, striking the side of his head upon a car track, receiving a cut which bled for about half an hour. He was dazed and unable to work the balance of the day, although he rode about on the wagon until he went to the stable about six P. M. The next day he worked from seven A. M. to five P. M., and was not thereafter able to work and remained at his…
2Cited by2 opinions
- Carr v. Donner Steel Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Claim of Stoehrer v. LampertAppellate Division of the Supreme Court of the State of New York · 1954