Claim of Martin v. Niagara Mohawk Power Corp.

Appellate Division of the Supreme Court of New York

Claim of Martin v. Niagara Mohawk Power Corp.

284 A.D. 913, 134 N.Y.S.2d 424, 1954 N.Y. App. Div. LEXIS 4045

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

DecidedOctober 20, 1954

StatusPublished

This text of 284 A.D. 913 (Claim of Martin v. Niagara Mohawk Power 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 Martin v. Niagara Mohawk Power Corp., 284 A.D. 913, 134 N.Y.S.2d 424, 1954 N.Y. App. Div. LEXIS 4045 (N.Y. Ct. App. 1954).

Pincite

Opinion

Appeal by an employer and its insurance carrier from an award of death benefits made by the Workmen’s Compensation Board to the widow and minor son of a deceased employee. Decedent was employed as a power plant operator at the employer’s premises at Effley Falls, New York. There is some evidence that he was in charge of the entire premises. A contract had been made by the employer with a wrecking company for the demolition of a bam on the premises. While the barn was being demolished decedent, during his hours of duty, entered the barn for some reason unknown and sustained injuries when the building collapsed from which he shortly died. The board has found that the accident arose out of and in the course of decedent’s employment. In view of the testimony that decedent was in charge of the premises, and the presumptions provided for in section 21 of the Workmen’s [914]*914Compensation Law, it cannot be said as a matter of law that the board had no substantial evidence to support its key finding. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by an employer and its insurance carrier from an award of death benefits made by the Workmen’s Compensation Board to the widow and minor son of a deceased employee. Decedent was employed as a power plant operator at the employer’s premises at Effley Falls, New York. There is some evidence that he was in charge of the entire premises. A contract had been made by the employer with a wrecking company for the demolition of a bam on the premises. While the barn was being demolished decedent, during his hours of duty, entered the barn for some reason unknown and sustained injuries when the building collapsed from which he shortly died. The board has found that the accident arose out of and in the course of decedent’s employment. In view of the testimony that decedent was in charge of the premises, and the presumptions provided for in section 21 of the Workmen’s [914]*914Compensation Law, it cannot be said as a matter of law that the board had no substantial evidence to support its key finding. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

284 A.D. 913, 134 N.Y.S.2d 424, 1954 N.Y. App. Div. LEXIS 4045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-martin-v-niagara-mohawk-power-corp-nyappdiv-1954.