Legal Opinion
Claim of McKinnon v. Kinsman Transit Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1934PublishedCited by 3 opinions
1Per curiam
The case under the Workmen’s Compensation Law is based on a contract of employment, and, therefore, the character of the contract must determine whether it comes within admiralty jurisdiction or the Workmen’s Compensation Law.
The ship was of 6,000 tons burden, and within the Federal act. It was lying in Buffalo harbor, which is navigable water. It was moored at the breakwall, in twenty-five feet of water, nearly a half a mile from shore, and could only be reached by use of a boat over the waters of the harbor. The ship was engaged in foreign commerce, and had left Ontario in Canada for…
2Cases cited8 opinions
- Grant Smith-Porter Ship Co. v. RohdeSupreme Court of the United States · 1922
- Washington v. W. C. Dawson & Co.Supreme Court of the United States · 1924
- State Industrial Comm'n of NY v. Nordenholt Corp.Supreme Court of the United States · 1922
- Norton v. The Richard WinslowCourt of Appeals for the Seventh Circuit · 1896
- Claim of Reinhardt v. Newport Flying Service Corp.New York Court of Appeals · 1921
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Otis v. StateNew York Court of Claims · 1941
- Brown v. Ætna Casualty & Surety Co.Court of Appeals of Texas · 1938
- Reinhart v. Gerosa Crane Service Co.Appellate Division of the Supreme Court of the State of New York · 1941