From Casetext: Smarter Legal Research

Zubradt v. Estate of Shepard

Appellate Division of the Supreme Court of New York, Third Department
Nov 14, 1917
180 App. Div. 20 (N.Y. App. Div. 1917)

Opinion

November 14, 1917.

Nellis Nellis [ Merwyn H. Nellis of counsel], for the appellants.

Merton E. Lewis, Attorney-General [ E.C. Aiken, Deputy Attorney-General, of counsel], for the respondents.


The employer estate was engaged in operating apartment houses in the city of New York for pecuniary gain which was a non-hazardous occupation. The claimant was the janitor. One of his duties as such was to clean the windows. This employment was classified by the amendment of 1916 (Chap. 622, amending § 2, group 22), which went into effect June first of that year, as hazardous. In November, 1916, while engaged in cleaning a window he fell to the street, sustaining serious injuries. At the hearings before the State Industrial Commission objection was made by the insurer to the making of an award upon the ground that the employer's business was not one classified as hazardous under the Workmen's Compensation Law. The Commission properly disregarded the objection and made the award. It was held in the case of Matter of Mulford v. Pettit Sons ( 220 N.Y. 540), as to an accidental injury happening in July, 1915, that an employee while engaged in a hazardous employment which was incidental to the non-hazardous business of his employer was entitled to compensation. By the amendment of subdivision 4 of section 3 of the Workmen's Compensation Law by chapter 622 of the Laws of 1916, the doubt which had existed previously to the Mulford decision, as to the proper construction of the subdivision, under facts similar to those presented by the case at bar, was removed, the amendment providing "`Employee' means a person engaged in one of the occupations enumerated in section two."

Exception was also taken by the insurer to the amount of the award of seven dollars and seventy-nine cents per week. While owing to the nature of claimant's compensation for services some difference of opinion may exist as to the proper method of computation, we are satisfied that the award does no injustice to the appellant, and is practically correct.

The award should be affirmed.

Award unanimously affirmed.


Summaries of

Zubradt v. Estate of Shepard

Appellate Division of the Supreme Court of New York, Third Department
Nov 14, 1917
180 App. Div. 20 (N.Y. App. Div. 1917)
Case details for

Zubradt v. Estate of Shepard

Case Details

Full title:Before STATE INDUSTRIAL COMMISSION, Respondent. In the Matter of the Claim…

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

Date published: Nov 14, 1917

Citations

180 App. Div. 20 (N.Y. App. Div. 1917)
167 N.Y.S. 306

Citing Cases

Matter of Rasmussen v. Park G. M. Shop, Inc.

There is also possibly an exception where the injured employee has used the wages to employ a substitute. (…

Brockett v. Mietz

I think the opinion in the case of Uhl v. Hartwood Club ( 221 N.Y. 588), which was not cited in the briefs or…