Matter of Stillwagon v. . Callan Brothers
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 7, 1918, reversing an award of the state industrial commission made under the Workmen’s Compensation Law and dismissing the claim. Claimant’s husband (Henry Stillwagon) and another employee of defendant Callan Brothers were engaged in unloading brick from a railroad car.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 7, 1918, reversing an award of the state industrial commission made under the Workmen’s Compensation Law and dismissing the claim. Claimant’s husband (Henry Stillwagon) and another employee of defendant Callan Brothers were engaged in unloading brick from a railroad car. They got into a dispute as to who was first entitled to load, came to blows and Still-wagon was killed. The Appellate Division held that the injury was not a natural incident of the work he was employed to perform.
1Opinion of the Court
Order affirmed, on opinion of Woodward, J., below.
Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.
2Cited by22 opinions
- Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
- Claim of Verschleiser v. Joseph Stern & SonNew York Court of Appeals · 1920
- Cassell v. United States Fidelity & Guaranty Co.Texas Supreme Court · 1926
- Matter of Industrial Comr. (Siguin) v. McCarthyNew York Court of Appeals · 1946
- Matter of Ognibene v. Rochester Manufacturing Co.New York Court of Appeals · 1948
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