Claim of McBride v. Concrete & Asphalt Construction Co.

Appellate Division of the Supreme Court of New York

Claim of McBride v. Concrete & Asphalt Construction Co.

243 A.D. 657

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

DecidedJanuary 15, 1935

StatusPublished

This text of 243 A.D. 657 (Claim of McBride v. Concrete & Asphalt Construction Co.) 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 McBride v. Concrete & Asphalt Construction Co., 243 A.D. 657 (N.Y. Ct. App. 1935).

Pincite

Opinion

Claimant was employed as a stone mason in building an ornamental wall. The owner of the premises, at the request of the contractor, advanced wages of claimant which advancements were to be deducted from the contract price. Claimant was carried on the payroll of the contractor. The appellants contend that claimant was employed by the owner of the premises and not by the contractor; also that there was no sufficient evidence to support finding as to the amount of claimant’s earnings for the year preceding the injury. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Hefíernan, JJ.

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

Claimant was employed as a stone mason in building an ornamental wall. The owner of the premises, at the request of the contractor, advanced wages of claimant which advancements were to be deducted from the contract price. Claimant was carried on the payroll of the contractor. The appellants contend that claimant was employed by the owner of the premises and not by the contractor; also that there was no sufficient evidence to support finding as to the amount of claimant’s earnings for the year preceding the injury. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, McNamee, Crapser and Hefíernan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

243 A.D. 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-mcbride-v-concrete-asphalt-construction-co-nyappdiv-1935.