Claim of Ricci v. Katz

Appellate Division of the Supreme Court of New York

Claim of Ricci v. Katz

267 A.D. 928, 46 N.Y.S.2d 781, 1944 N.Y. App. Div. LEXIS 5553

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

DecidedMarch 15, 1944

StatusPublished

Cited by2 cases

This text of 267 A.D. 928 (Claim of Ricci v. Katz) 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 Ricci v. Katz, 267 A.D. 928, 46 N.Y.S.2d 781, 1944 N.Y. App. Div. LEXIS 5553 (N.Y. Ct. App. 1944).

Pincite

Opinion

Appeal from an award of disability compensation under the Workmen’s Compensation Law. Claimant was employed as a laborer on a farm. While working with two other men collecting stones and placing them in a small wagon attached to a tractor, he started to drive the tractor to dump the stones. The tractor overturned, threw the claimant off and fell on him, causing his injuries. The claim was contested on the ground that he had been forbidden to operate the tractor. After instructing claimant and the others to remove the stones, the foreman had told him not to operate the tractor and then Jiad left the scene of the work. While the foreman was away claimant was in charge, and when the wagon was filled decided to operate the tractor himself rather than remain idle and await return of the foreman. The use of the tractor was but an incident in the principal job of removing and carting away the stones. Claimant performed his work in a forbidden manner, rather than performing work which had been- forbidden. Award unanimously affirmed, with costs to the State Industrial Board. All concur. [See post, p. 1007.]

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

Appeal from an award of disability compensation under the Workmen’s Compensation Law. Claimant was employed as a laborer on a farm. While working with two other men collecting stones and placing them in a small wagon attached to a tractor, he started to drive the tractor to dump the stones. The tractor overturned, threw the claimant off and fell on him, causing his injuries. The claim was contested on the ground that he had been forbidden to operate the tractor. After instructing claimant and the others to remove the stones, the foreman had told him not to operate the tractor and then Jiad left the scene of the work. While the foreman was away claimant was in charge, and when the wagon was filled decided to operate the tractor himself rather than remain idle and await return of the foreman. The use of the tractor was but an incident in the principal job of removing and carting away the stones. Claimant performed his work in a forbidden manner, rather than performing work which had been- forbidden. Award unanimously affirmed, with costs to the State Industrial Board. All concur. [See post, p. 1007.]

Cite This Page — Counsel Stack

Bluebook (online)

267 A.D. 928, 46 N.Y.S.2d 781, 1944 N.Y. App. Div. LEXIS 5553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-ricci-v-katz-nyappdiv-1944.

Opinion

Related

Cite This Page — Counsel Stack