Claim of Cooley v. Glidden Buick Corp.

Appellate Division of the Supreme Court of New York

Claim of Cooley v. Glidden Buick Corp.

271 A.D.2d 762

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

DecidedSeptember 18, 1946

StatusPublished

This text of 271 A.D.2d 762 (Claim of Cooley v. Glidden Buick 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 Cooley v. Glidden Buick Corp., 271 A.D.2d 762 (N.Y. Ct. App. 1946).

Pincite

Opinion

Appeal by the employer and carrier from an award for death benefits to the executrix of the deceased widow of Zola A. Cooley. The accident, death and causal relationship, are not questioned. The deceased was stabbed by a co-worker upon the premises of the employer, and while engaged in the regular course of his employment. The award is opposed upon the claim that the injury and death did not arise out of the employment. The board found that the injuries resulting in death arose out of and in the course of employment, and that the deceased employee did not initiate any assault and was not the aggressor. The record justifies such findings. Decision and award affirmed, with costs to the Workmen’s Compensation Board. All concur.

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Appeal by the employer and carrier from an award for death benefits to the executrix of the deceased widow of Zola A. Cooley. The accident, death and causal relationship, are not questioned. The deceased was stabbed by a co-worker upon the premises of the employer, and while engaged in the regular course of his employment. The award is opposed upon the claim that the injury and death did not arise out of the employment. The board found that the injuries resulting in death arose out of and in the course of employment, and that the deceased employee did not initiate any assault and was not the aggressor. The record justifies such findings. Decision and award affirmed, with costs to the Workmen’s Compensation Board. All concur.

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Bluebook (online)

271 A.D.2d 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-cooley-v-glidden-buick-corp-nyappdiv-1946.