Claim of Miller v. R. B. Hamilton Trucking Co.

Appellate Division of the Supreme Court of New York

Claim of Miller v. R. B. Hamilton Trucking Co.

247 A.D. 841

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

DecidedMarch 15, 1936

StatusPublished

This text of 247 A.D. 841 (Claim of Miller v. R. B. Hamilton Trucking 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 Miller v. R. B. Hamilton Trucking Co., 247 A.D. 841 (N.Y. Ct. App. 1936).

Pincite

Opinion

Appeal by claimant from a decision of the State Industrial Board disallowing his claim for compensation on the ground that he was an independent contractor. Claimant was a carpenter and builder. He was employed to repair the doors of a garage. The work was to be done by claimant himself. No time was fixed when he should begin or finish the employment. The method, [842]*842means and procedure of doing the work were left entirely to the discretion of claimant. The evidence sustains the finding that he was an independent contractor. Decision affirmed, with costs to the State Industrial Board. Hill, P. J., Rhodes, Bliss and Heffernan, JJ., concur; Crapser, J., dissents and votes to reverse the decision and to reinstate the award.

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Appeal by claimant from a decision of the State Industrial Board disallowing his claim for compensation on the ground that he was an independent contractor. Claimant was a carpenter and builder. He was employed to repair the doors of a garage. The work was to be done by claimant himself. No time was fixed when he should begin or finish the employment. The method, [842]*842means and procedure of doing the work were left entirely to the discretion of claimant. The evidence sustains the finding that he was an independent contractor. Decision affirmed, with costs to the State Industrial Board. Hill, P. J., Rhodes, Bliss and Heffernan, JJ., concur; Crapser, J., dissents and votes to reverse the decision and to reinstate the award.

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Bluebook (online)

247 A.D. 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-miller-v-r-b-hamilton-trucking-co-nyappdiv-1936.