Claim of Moschinger v. Henry Heide, Inc.

Appellate Division of the Supreme Court of New York

Claim of Moschinger v. Henry Heide, Inc.

256 A.D. 1019, 10 N.Y.S.2d 406, 1939 N.Y. App. Div. LEXIS 5905

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

DecidedMarch 15, 1939

StatusPublished

Cited by1 cases

This text of 256 A.D. 1019 (Claim of Moschinger v. Henry Heide, 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 Moschinger v. Henry Heide, Inc., 256 A.D. 1019, 10 N.Y.S.2d 406, 1939 N.Y. App. Div. LEXIS 5905 (N.Y. Ct. App. 1939).

Pincite

Opinion

Appeal by the employer and its insurance carrier from an award of funeral expenses. Appellants contend that the accident which resulted in the employee’s death did not arise out of and in the course of the employment. Decedent was working as a painter scraping and painting the inside of a water tank located on the roof. He would come on the roof occasionally to get some fresh air and while going to the roof of one of the employer’s buildings during such a period of relaxation he fell from the roof and was killed. The employer knew of and permitted the frequent intermissions and the going out onto the roof. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

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

Appeal by the employer and its insurance carrier from an award of funeral expenses. Appellants contend that the accident which resulted in the employee’s death did not arise out of and in the course of the employment. Decedent was working as a painter scraping and painting the inside of a water tank located on the roof. He would come on the roof occasionally to get some fresh air and while going to the roof of one of the employer’s buildings during such a period of relaxation he fell from the roof and was killed. The employer knew of and permitted the frequent intermissions and the going out onto the roof. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

256 A.D. 1019, 10 N.Y.S.2d 406, 1939 N.Y. App. Div. LEXIS 5905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-moschinger-v-henry-heide-inc-nyappdiv-1939.

Opinion

Related

Cite This Page — Counsel Stack