Cranston v. Walton Water Co.

Appellate Division of the Supreme Court of New York

Cranston v. Walton Water Co.

253 A.D. 850, 1 N.Y.S.2d 444, 1938 N.Y. App. Div. LEXIS 8892

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

DecidedJanuary 12, 1938

StatusPublished

This text of 253 A.D. 850 (Cranston v. Walton Water 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

Cranston v. Walton Water Co., 253 A.D. 850, 1 N.Y.S.2d 444, 1938 N.Y. App. Div. LEXIS 8892 (N.Y. Ct. App. 1938).

Pincite

Opinion

The question of coverage is involved in this appeal by the carrier from an award to an employee of the insured. The injury was received when claimant slipped on a farm house porch, where he had sought shelter in a rain storm, while he was engaged in mowing the grass and cleaning the grounds which surrounded the house. The premises were not owned by the insured, the Walton Water Co., but it was said that the water company was indirectly interested as it might at some future time buy the property to increase its capacity. The insured, at the time of the injury, had no interest in the farm property except in connection with the possible future development. The farm was owned by a corporation, the stockholders of which were also stockholders in the insured water company. The award against the carrier should be reversed. (Matter of McGuckin v. Estate of Baker, 262 N. Y. 545; Matter of Wedemeier v. Mavis Bottling Co., 261 id. 548.) Award against the carrier reversed, and claim dismissed as to the carrier, with costs to the carrier against the State Industrial Board. Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ., concur.

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

The question of coverage is involved in this appeal by the carrier from an award to an employee of the insured. The injury was received when claimant slipped on a farm house porch, where he had sought shelter in a rain storm, while he was engaged in mowing the grass and cleaning the grounds which surrounded the house. The premises were not owned by the insured, the Walton Water Co., but it was said that the water company was indirectly interested as it might at some future time buy the property to increase its capacity. The insured, at the time of the injury, had no interest in the farm property except in connection with the possible future development. The farm was owned by a corporation, the stockholders of which were also stockholders in the insured water company. The award against the carrier should be reversed. (Matter of McGuckin v. Estate of Baker, 262 N. Y. 545; Matter of Wedemeier v. Mavis Bottling Co., 261 id. 548.) Award against the carrier reversed, and claim dismissed as to the carrier, with costs to the carrier against the State Industrial Board. Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

253 A.D. 850, 1 N.Y.S.2d 444, 1938 N.Y. App. Div. LEXIS 8892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cranston-v-walton-water-co-nyappdiv-1938.