Claim of Bohen v. McLain Construction Corp.

Appellate Division of the Supreme Court of New York

Claim of Bohen v. McLain Construction Corp.

257 A.D. 887, 12 N.Y.S.2d 39, 1939 N.Y. App. Div. LEXIS 8289

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

DecidedMay 17, 1939

StatusPublished

Cited by2 cases

This text of 257 A.D. 887 (Claim of Bohen v. McLain Construction Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Bohen v. McLain Construction Corp., 257 A.D. 887, 12 N.Y.S.2d 39, 1939 N.Y. App. Div. LEXIS 8289 (N.Y. Ct. App. 1939).

Pincite

Opinion

Claimants’ intestate was a fireman on a derrick boat, moored at a slip in the city of Buffalo. He was thrown from his seat against a heated boiler, and he received injuries from which he died. Appellants contend that the injuries did not arise out of the employment; and also that improper wage rate was applied in determining the amount of the award. These issues presented questions of fact, which were decided by the Board. It is further contended that the employment was marine. The boat was not self-propelling and could be moved only by towing. This derrick boat was in fact a part of the dock, and not maritime. Award unanimously affirmed, with costs to the State Industrial Board.

Free access — add to your briefcase to read the full text and ask questions with AI

Claimants’ intestate was a fireman on a derrick boat, moored at a slip in the city of Buffalo. He was thrown from his seat against a heated boiler, and he received injuries from which he died. Appellants contend that the injuries did not arise out of the employment; and also that improper wage rate was applied in determining the amount of the award. These issues presented questions of fact, which were decided by the Board. It is further contended that the employment was marine. The boat was not self-propelling and could be moved only by towing. This derrick boat was in fact a part of the dock, and not maritime. Award unanimously affirmed, with costs to the State Industrial Board.

Cite This Page — Counsel Stack

Bluebook (online)

257 A.D. 887, 12 N.Y.S.2d 39, 1939 N.Y. App. Div. LEXIS 8289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-bohen-v-mclain-construction-corp-nyappdiv-1939.

Opinion

Related

Cite This Page — Counsel Stack