Legal Opinion

Claim of Yodakis v. Alexander Smith & Sons Carpet Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1920PublishedCited by 9 opinions

Appeal by the defendant, Alexander Smith & Sons Carpet Company, from an award of the State Industrial Commission, entered in the office of said Commission on the 18th day of November, 1919.

1Opinion of the Court

H. T. Kellogg, J.:

The claimant was employed as a weaver in a carpet factory to work upon a loom. On the day of the accident, about two minutes .before .the. morning whistle blew to begin the day’s work, he inserted his arm behind the guard upon his machine to place a gritty substance upon the belt to increase friction *151and thereby the speed of the loom. While thus engaged the moving belt caught the sleeve of his shirt and drew his arm between the belt and pulley with the result that he received a fracture of the arm. The claimant himself has said that his act was strictly against orders; that…

2Cases cited4 opinions

  1. Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
  2. Claim of Gifford v. T. G. Patterson, Inc.New York Court of Appeals · 1917
  3. Claim of Macechko v. Bowen Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1917
  4. Matter of Rendino v. . Continental Can CompanyNew York Court of Appeals · 1919

3Cited by9 opinions

  1. Claim of Merchant v. Pinkerton's Inc.New York Court of Appeals · 1980
  2. Erdberg v. United Textile Print WorksAppellate Division of the Supreme Court of the State of New York · 1926
  3. Claim of the State Treasurer v. Ulysses Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 1931
  4. Fox v. Truslow & Fulle, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
  5. Taub v. New York Board of Fire UnderwritersAppellate Division of the Supreme Court of the State of New York · 1933

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