De Luca v. Board of Park Commissioners
Supreme Court of Connecticut
Appeal by the defendant from a finding and award of the Compensation Commissioner of the first district in favor of the plaintiff, taken to and reserved by the Superior Court in Hartford County, Case, J., upon the Commissioner’s finding, for the advice of this court. The finding shows that on July 30th, 1918, the deceased was employed by the defendant in Colt Park in the city of Hartford, in raking leaves.
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Appeal by the defendant from a finding and award of the Compensation Commissioner of the first district in favor of the plaintiff, taken to and reserved by the Superior Court in Hartford County, Case, J., upon the Commissioner’s finding, for the advice of this court. The finding shows that on July 30th, 1918, the deceased was employed by the defendant in Colt Park in the city of Hartford, in raking leaves. While so employed, a thunder storm of considerable violence arose, and he and a fellow-workman took shelter under a nearby tree. While the deceased was thus being sheltered, the tree was…
1Opinion of the CourtRoraback, J.
The defendant contends that the Compensation Commissioner erred in finding that “there is a clear preponderance of scientific authority to the effect that there is greater danger under a tree or in the open than when protected in a house. This is shown both by statistics and by authoritative scientific dicta.”
The question presented by this assignment is one of fact. In passing upon this proposition it is of importance to notice some of the principles which direct the course of the proceedings before a Compensation Commissioner. This court has said: “He may hear the applicant at his residence.…
2Cases cited9 opinions
- Brown v. PiperSupreme Court of the United States · 1875
- Powers v. Hotel Bond Co.Supreme Court of Connecticut · 1915
- State v. MainSupreme Court of Connecticut · 1897
- Hoenig v. Industrial CommissionWisconsin Supreme Court · 1915
- Richards v. Indianapolis Abattoir Co.Supreme Court of Connecticut · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Caswell's CaseMassachusetts Supreme Judicial Court · 1940
- Roden v. Connecticut Co.Supreme Court of Connecticut · 1931
- State v. TomanelliSupreme Court of Connecticut · 1966
- Western Pac. R. R. Co. v. Indus. Acc. Com.California Supreme Court · 1924
- Matter of Madura v. . City of New YorkNew York Court of Appeals · 1924
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