Legal Opinion

Claim of Jenczewski v. Aluminum Co.

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

Decided December 28, 1921PublishedCited by 2 opinions

Appeal by the defendant, Aluminum Company of America, from an award and decision of the State Industrial Commission, entered in the office of said Commission on the 14th day of December, 1920.

1Opinion of the Court

Cochrane, J.:

In the plant of the appellant are four parallel lines of pots used for reducing aluminum ore to metallic aluminum. Each line consists of a passageway and on each side of the passageway is a row of pots. The deceased was a pot-tender. The place of his work was in line 3. He was found dead between pots 38 and 39 in line 2. The cause of his death was clearly established as contact with a current of electricity due to a defective electrical appliance. The question for determination is whether the accident arose out of and in the course of the employment. About fifteen minutes before…

2Cases cited3 opinions

  1. Matter of Lorchitsky v. . Gotham Folding Box Co.New York Court of Appeals · 1920
  2. Claim of Yodakis v. Alexander Smith & Sons Carpet Co.Appellate Division of the Supreme Court of the State of New York · 1920
  3. Matter of Yodakis v. . Alexander Smith Sons Carpet Co.New York Court of Appeals · 1921

3Cited by2 opinions

  1. Southeastern Express Co. v. EdmondsonCourt of Appeals of Georgia · 1923
  2. Gacesa v. Consumers Power Co.Michigan Supreme Court · 1922

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