Claim of Bury v. New York, Ontario & Western Railway Co.

Appellate Division of the Supreme Court of New York

Claim of Bury v. New York, Ontario & Western Railway Co.

243 A.D. 838

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1935·Published

Opinion

Wood, employee of New York, Ontario and Western Railway Company, was directed to employ men and teams to fill its icehouse. He employed claimant, who was injured while engaged in drawing ice from the pond to the railroad. Appellant contends that Wood was an independent contractor. The evidence establishes that Wood was the agent or servant of the railway company and in employing claimant acted for it. (Matter of Westfelt v. Atlas Furniture Co., 256 N. Y. 578.) Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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Wood, employee of New York, Ontario and Western Railway Company, was directed to employ men and teams to fill its icehouse. He employed claimant, who was injured while engaged in drawing ice from the pond to the railroad. Appellant contends that Wood was an independent contractor. The evidence establishes that Wood was the agent or servant of the railway company and in employing claimant acted for it. (Matter of Westfelt v. Atlas Furniture Co., 256 N. Y. 578.) Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

Claim of Bury v. New York, Ontario & Western Railway Co., 243 A.D. 838 (N.Y. Ct. App. 1935).

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Opinion

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