Home/New York Court of Appeals/Claim of Buckley v. Gallagher Bros. Sand & Gravel Corp.

Claim of Buckley v. Gallagher Bros. Sand & Gravel Corp.

92 N.E.2d 38, 300 N.Y. 447, 1950 N.Y. LEXIS 847
CourtNew York Court of Appeals
DecidedApril 13, 1950
StatusPublished
Cited by7 cases

This text of 92 N.E.2d 38 (Claim of Buckley v. Gallagher Bros. Sand & Gravel Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Claim of Buckley v. Gallagher Bros. Sand & Gravel Corp., 92 N.E.2d 38, 300 N.Y. 447, 1950 N.Y. LEXIS 847 (N.Y. 1950).

Opinion

Per Curiam.

There was no evidence that claimant became disabled as the result of her duties as a telephone operator. The tuberculosis contracted by her while serving as bookkeeper was not an occupational disease within the meaning of subdivision 2 of section 3 of article 1 of the Workmen’s Compensation Law. The disease resulted not as an incident to claimant’s occupation but from the fact that she worked alongside a tubercular coemployee who was also a bookkeeper. It was th,e coemployee and not the occupation which caused the disease. (Matter of Harman v. Republic Aviation Corp., 298 N. Y. 285; Matter of Champion v. Gurley, 299 N. Y. 406.)

The order of the Appellate Division and the award of.the Workmen’s Compensation Board should be reversed, with costs

[449]*449in this court and in the Appellate Division, and the claim dismissed.

Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.

Ordered accordingly.

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Bluebook (online)
92 N.E.2d 38, 300 N.Y. 447, 1950 N.Y. LEXIS 847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-buckley-v-gallagher-bros-sand-gravel-corp-ny-1950.