Claim of Halstead v. Campbell

Appellate Division of the Supreme Court of New York

Claim of Halstead v. Campbell

256 A.D. 1020, 10 N.Y.S.2d 547, 1939 N.Y. App. Div. LEXIS 5908

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

DecidedMarch 15, 1939

StatusPublished

This text of 256 A.D. 1020 (Claim of Halstead v. Campbell) 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 Halstead v. Campbell, 256 A.D. 1020, 10 N.Y.S.2d 547, 1939 N.Y. App. Div. LEXIS 5908 (N.Y. Ct. App. 1939).

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Opinion

Appeal by the employer from an award bearing date September 27, 1938, and noticed on November 18, 1938, in favor of claimant. On October 6, 1936, claimant was injured while engaged in the work of demolishing an old shed or barn, when he fell from the roof a distance of about ten or twelve feet to the ground. The grounds upon which the employer resists the claim and award is that the claimant Was not employed by him, and if he were he was an independent contractor. There was evidence to support the finding of the ■ State Industrial Board that claimant was employed by the employer to do the work in question, and that he was not an independent contractor. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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Appeal by the employer from an award bearing date September 27, 1938, and noticed on November 18, 1938, in favor of claimant. On October 6, 1936, claimant was injured while engaged in the work of demolishing an old shed or barn, when he fell from the roof a distance of about ten or twelve feet to the ground. The grounds upon which the employer resists the claim and award is that the claimant Was not employed by him, and if he were he was an independent contractor. There was evidence to support the finding of the ■ State Industrial Board that claimant was employed by the employer to do the work in question, and that he was not an independent contractor. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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Bluebook (online)

256 A.D. 1020, 10 N.Y.S.2d 547, 1939 N.Y. App. Div. LEXIS 5908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-halstead-v-campbell-nyappdiv-1939.