Matter of Dose v. . Moehle Lithographic Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third- judicial department, entered July 2, 1917, reversing an award of the state industrial commission made under the Workmen’s Compensation Law and dismissing the claim. The facts, so far as material, are stated in the opinion. A manufacturing company which makes an alteration to its building or builds a building for the purpose of manufacturing does it for pecuniary gain.
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Appeal from an order of the Appellate Division of the Supreme Court in the third- judicial department, entered July 2, 1917, reversing an award of the state industrial commission made under the Workmen’s Compensation Law and dismissing the claim. The facts, so far as material, are stated in the opinion. A manufacturing company which makes an alteration to its building or builds a building for the purpose of manufacturing does it for pecuniary gain. The building is as necessary to its manufacturing needs as the manufacturing itself. One could not be conducted without the other. The employer in…
1Opinion of the CourtHogan, J.
The Moehle Lithographic Company, hereinafter designated as the “ Company,” is engaged in the business of lithographing and printing, classified as hazardous in group 40, section 2, of the Workmen’s Compensation Law. The business of the company is carried on in a plant maintained by it in the borough of Brooklyn.
The claimant Dose, by occupation a bricklayer, was employed by the company to point up one of the walls of its plant and repair cracks therein. For such labor he and his helper were to be paid the regular wages for bricklayers, and bricklayer’s helpers. The company furnished all…
2Cases cited6 opinions
- Claim of Waters v. William J. Taylor Co.New York Court of Appeals · 1916
- Matter of Marhoffer v. . MarhofferNew York Court of Appeals · 1917
- Matter of Larsen v. . Paine Drug Co.New York Court of Appeals · 1916
- Matter of Bargey v. . Massaro MacAroni Co.New York Court of Appeals · 1916
- Matter of Glatzl v. . StumppNew York Court of Appeals · 1917
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- Ward & Gow v. KrinskySupreme Court of the United States · 1922
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- Claim of Europe v. Addison Amusements, Inc.New York Court of Appeals · 1921
- Ideal Bakery v. SchryverWyoming Supreme Court · 1931
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