Claim of Reed v. Deitz

Appellate Division of the Supreme Court of New York

Claim of Reed v. Deitz

1 A.D.2d 861, 148 N.Y.S.2d 806, 1956 N.Y. App. Div. LEXIS 6300

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

DecidedFebruary 21, 1956

StatusPublished

This text of 1 A.D.2d 861 (Claim of Reed v. Deitz) 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 Reed v. Deitz, 1 A.D.2d 861, 148 N.Y.S.2d 806, 1956 N.Y. App. Div. LEXIS 6300 (N.Y. Ct. App. 1956).

Pincite

Opinion

Appeal from an award by the Workmen’s Compensation Board in a death case. The only question upon appeal is whether the mother and five minor brothers and sisters of the decedent were properly found to be dependents of the decedent. The decedent was a boy sixteen years of age. He was working on a building job at $1 per hour at the time of his death. From time to time, he had worked with his father on odd jobs on a fifty-fifty basis. He was entitled to about $640 for his work during the preceding year on that basis and he also had earnings on his own of about $424. All the decedent’s earnings were contributed to the family fund, except that the decedent used part of his earnings to pay premiums upon a life insurance policy and to pay installments upon a tractor purchased for the family farm. In addition, the decedent did most of the work on the farm, which helped supply food for the family. The father’s earnings were not sufficient to support the family. The issue of dependency was one of fact and the board’s finding thereon, supported by substantial evidence, is conclusive. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Halpern, Zeller and Gibson, JJ.

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Appeal from an award by the Workmen’s Compensation Board in a death case. The only question upon appeal is whether the mother and five minor brothers and sisters of the decedent were properly found to be dependents of the decedent. The decedent was a boy sixteen years of age. He was working on a building job at $1 per hour at the time of his death. From time to time, he had worked with his father on odd jobs on a fifty-fifty basis. He was entitled to about $640 for his work during the preceding year on that basis and he also had earnings on his own of about $424. All the decedent’s earnings were contributed to the family fund, except that the decedent used part of his earnings to pay premiums upon a life insurance policy and to pay installments upon a tractor purchased for the family farm. In addition, the decedent did most of the work on the farm, which helped supply food for the family. The father’s earnings were not sufficient to support the family. The issue of dependency was one of fact and the board’s finding thereon, supported by substantial evidence, is conclusive. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Bergan, Halpern, Zeller and Gibson, JJ.

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Bluebook (online)

1 A.D.2d 861, 148 N.Y.S.2d 806, 1956 N.Y. App. Div. LEXIS 6300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-reed-v-deitz-nyappdiv-1956.