Claim of Gilmartin v. Electric Ferries, Inc.

Appellate Division of the Supreme Court of New York

Claim of Gilmartin v. Electric Ferries, Inc.

258 A.D. 829, 15 N.Y.S.2d 627, 1939 N.Y. App. Div. LEXIS 7141

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

DecidedNovember 15, 1939

StatusPublished

This text of 258 A.D. 829 (Claim of Gilmartin v. Electric Ferries, Inc.) 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 Gilmartin v. Electric Ferries, Inc., 258 A.D. 829, 15 N.Y.S.2d 627, 1939 N.Y. App. Div. LEXIS 7141 (N.Y. Ct. App. 1939).

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Opinion

Appeal by the employer and insurance carrier from an award of death benefits made by the State Industrial Board to the widow and minor daughter of the deceased employee pursuant to the provisions of the Workmen’s Compensation Law. The sole point made by the appellants is that the New York State Industrial Board was without jurisdiction because the accident which resulted in the employee’s death occurred in the State of New Jersey. The employer, a New Jersey corporation operating ferries between New York city and Weehawken, had its principal office in New York city and the business was largely transacted from the New York office. The deceased was originally employed as an extra deckhand and bridgeman and worked on bridges and docks maintained by the employer in both States. He had been hired in New Jersey and his time was kept in New Jersey but the payroll was made up at the executive offices in New York city. The State Industrial Board found that the employment was located in the State of New York and that the work which deceased was performing at the time of the accident was related to and incidental to this employment. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Schenek and Foster, JJ.

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Appeal by the employer and insurance carrier from an award of death benefits made by the State Industrial Board to the widow and minor daughter of the deceased employee pursuant to the provisions of the Workmen’s Compensation Law. The sole point made by the appellants is that the New York State Industrial Board was without jurisdiction because the accident which resulted in the employee’s death occurred in the State of New Jersey. The employer, a New Jersey corporation operating ferries between New York city and Weehawken, had its principal office in New York city and the business was largely transacted from the New York office. The deceased was originally employed as an extra deckhand and bridgeman and worked on bridges and docks maintained by the employer in both States. He had been hired in New Jersey and his time was kept in New Jersey but the payroll was made up at the executive offices in New York city. The State Industrial Board found that the employment was located in the State of New York and that the work which deceased was performing at the time of the accident was related to and incidental to this employment. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Schenek and Foster, JJ.

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Bluebook (online)

258 A.D. 829, 15 N.Y.S.2d 627, 1939 N.Y. App. Div. LEXIS 7141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-gilmartin-v-electric-ferries-inc-nyappdiv-1939.