Claim of Delamer v. Rubin

Appellate Division of the Supreme Court of New York

Claim of Delamer v. Rubin

254 A.D. 795, 4 N.Y.S.2d 276, 1938 N.Y. App. Div. LEXIS 7636

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

DecidedMay 4, 1938

StatusPublished

This text of 254 A.D. 795 (Claim of Delamer v. Rubin) 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 Delamer v. Rubin, 254 A.D. 795, 4 N.Y.S.2d 276, 1938 N.Y. App. Div. LEXIS 7636 (N.Y. Ct. App. 1938).

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Opinion

Appeal by a non-insured employer from an. award of the State Industrial Board in favor of claimant. The employer was engaged in conducting a livery stable in the borough of Bronx, New York city, and employed claimant as a night man. Claimant received one dollar per night for his services and in addition thereto the employer paid him a certain amount per week for his insurance and permitted him to sleep on the premises. On May 19, 1936, claimant was injured while in the regular course of his employment. The sole question on this appeal is the contention of appellant that claimant’s injuries were sustained solely by reason of his intoxication. That issue presented only a question of fact and the finding of the State Industrial Board in claimant’s favor is conclusive. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

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Appeal by a non-insured employer from an. award of the State Industrial Board in favor of claimant. The employer was engaged in conducting a livery stable in the borough of Bronx, New York city, and employed claimant as a night man. Claimant received one dollar per night for his services and in addition thereto the employer paid him a certain amount per week for his insurance and permitted him to sleep on the premises. On May 19, 1936, claimant was injured while in the regular course of his employment. The sole question on this appeal is the contention of appellant that claimant’s injuries were sustained solely by reason of his intoxication. That issue presented only a question of fact and the finding of the State Industrial Board in claimant’s favor is conclusive. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

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Bluebook (online)

254 A.D. 795, 4 N.Y.S.2d 276, 1938 N.Y. App. Div. LEXIS 7636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-delamer-v-rubin-nyappdiv-1938.