Legal Opinion

Claim of Younger v. Motor Cab Transportation Co.

New York Court of Appeals

Decided January 10, 1933PublishedCited by 16 opinions

1Opinion of the CourtO’Brien, J.

Claimant’s husband was employed as a chauffeur by the owner of a taxicab and during his working hours he was accidentally killed. The question is whether his death arose out of his employment.

The cab which he operated was kept overnight at the employer’s garage. At five o’clock in the morning the chauffeur called for it, drove it a distance of three-blocks from the garage and parked it at a location advantageous for securing passengers. He selected his position at a spot which would be at the head of a line of taxicabs which usually at an early hour formed at this street intersection. Whether…

2Cases cited4 opinions

  1. Matter of Wickham v. Glenside Woolen MillsNew York Court of Appeals · 1929
  2. Claim of Sztorc v. James H. Stansbury, Inc.Appellate Division of the Supreme Court of the State of New York · 1919
  3. Springer v. NorthAppellate Division of the Supreme Court of the State of New York · 1923
  4. Claim of Cunningham v. Hunterspoint Lumber & Supply Co.New York Court of Appeals · 1931

3Cited by16 opinions

  1. Matter of Goldberg v. 954 Marcy Corp.New York Court of Appeals · 1938
  2. Claim of Neacosia v. New York Power AuthorityNew York Court of Appeals · 1995
  3. Tinsman Manufacturing Company, Inc. v. SparksSupreme Court of Arkansas · 1947
  4. Jacobson v. Strong & WaggonerSouth Dakota Supreme Court · 1939
  5. Claim of Watson v. American Can Co.Appellate Division of the Supreme Court of the State of New York · 1965

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