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Matter of Laufrouben v. Twelve E. Eighty-Sixth St.

Appellate Division of the Supreme Court of New York, Third Department
Mar 1, 1929
226 App. Div. 708 (N.Y. App. Div. 1929)

Opinion

March, 1929.


Award reversed, and claim dismissed, with costs against the State Industrial Board, on the ground that the deceased had no authority to operate elevator, and that there is no evidence to sustain the finding that it was customary for employees occupying the same position as the deceased to do so, or that any superior of deceased had observed him from time to time using the elevator in his employment; and on the authority of Hamberg v. Flower City Specialty Co. ( 202 App. Div. 113) and Ebberman v. Walther Co. (209 id. 248). Van Kirk, P.J., Hinman and Davis, JJ., concur; Hill and Hasbrouck, JJ., dissent and vote for affirmance.


Summaries of

Matter of Laufrouben v. Twelve E. Eighty-Sixth St.

Appellate Division of the Supreme Court of New York, Third Department
Mar 1, 1929
226 App. Div. 708 (N.Y. App. Div. 1929)
Case details for

Matter of Laufrouben v. Twelve E. Eighty-Sixth St.

Case Details

Full title:In the Matter of the Claim of LOUIS LAUFROUBEN and Others, Respondents…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 1, 1929

Citations

226 App. Div. 708 (N.Y. App. Div. 1929)