Claim of Osterhout v. Town of Rochester

Appellate Division of the Supreme Court of New York

Claim of Osterhout v. Town of Rochester

246 A.D. 873

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

DecidedJanuary 15, 1936

StatusPublished

This text of 246 A.D. 873 (Claim of Osterhout v. Town of Rochester) 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 Osterhout v. Town of Rochester, 246 A.D. 873 (N.Y. Ct. App. 1936).

Pincite

Opinion

This is an appeal by the employer and insurance carrier from an award in favor of the claimant, who ran a garage and who was employed to go out and help repair a steam shovel belonging to the town. There is no evidence in the case showing that he was an employee of the town, but the evidence shows that he was an independent contractor. Award reversed, and claim dismissed, with costs against the State Industrial Board. Hill, P. J., Rhodes, MeNamee, Crapser and Bliss, JJ., concur.

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This is an appeal by the employer and insurance carrier from an award in favor of the claimant, who ran a garage and who was employed to go out and help repair a steam shovel belonging to the town. There is no evidence in the case showing that he was an employee of the town, but the evidence shows that he was an independent contractor. Award reversed, and claim dismissed, with costs against the State Industrial Board. Hill, P. J., Rhodes, MeNamee, Crapser and Bliss, JJ., concur.

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Bluebook (online)

246 A.D. 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-osterhout-v-town-of-rochester-nyappdiv-1936.