Matter of Hoffman v. New York Central R.R. Co.

3 Citing cases

  1. W.G. Avery Co., et al. v. Hall

    79 So. 2d 453 (Miss. 1955)   Cited 44 times
    In W.G. Avery Body Company v. Hall, 224 Miss. 51, 79 So. 453, one of the contributing factors was that the claimant "was doing work which he was not qualified to do and which he did not usually do."

    Ingalls Shipbuilding Corp. v. Howell, supra. III. Since the appellee's fall was caused by personal illness, not related to his employment, the injuries sustained thereby, if any, are not compensable. Andrews v. L. S. Amusement Corp., 253 N.Y. 97, 170 N.E. 506; Dasaro v. Ford Motor Co., 113 N.Y.S.2d 413, 280 App. Div. 266; Henderson v. Celanese Corp., 27 N.J. Supp. 219, 93 A.2d 715; Hoffman v. New York Cent. R.R. Co., 36 N.Y.S.2d 426, 264 App. Div. 472; In re Cinmino's Case, 251 Mass. 158, 146 N.E. 245; In re Rozek's Case, 294 Mass. 205, 200 N.E. 903; Marion Machine Foundry Supply Co. v. Redd, 115 Okla. 30, 241 P. 175; Montanari v. Lehigh Portland Cement Co., 126 N.Y.S.2d 180, 282 App. Div. 1082; Pucilowski v. Packard Motor Car Co., 278 Mich. 240, 270 N.W. 282; Remington v. Louttit Laundry Co., 77 R.I. 185, 74 A.2d 442; Riley v. Oxford Paper Co. (Maine), 103 A.2d 111; Robins v. Bossong Hosiery Mills, 220 N.C. 246, 17 S.E.2d 20; Sears, Roebuck Co. v. Industrial Comm., 69 Ariz. 320, 213 P.2d 672; Stanfield v. Industrial Comm., 146 Ohio 583, 67 N.E.2d 446; Vales v. Indiana Glass Co., 101 Ind. App. 20, 199 N.E. 891. Travis Moore, Jackson, for appellee.

  2. Claim of Welz v. Markel Service, Inc.

    266 App. Div. 757 (N.Y. App. Div. 1943)

    ( Matter of Mausert v. Albany Builders Supply Co., 250 N.Y. 21.) An award could have been made if it had been determined that he fell while walking on the platform. ( Matter of Bauer v. City of New York, 252 App. Div. 802.) A letter signed by a majority of the Industrial Board cites Matter of Hoffman v. New York Central R.R. Co. ( 264 App. Div. 472) as the authority for the decision. That case has now been reversed by the Court of Appeals. ( 290 N.Y. 277.) Under these conditions, the decision should be reversed and the matter remitted to the Industrial Board for further consideration, and for the taking of further proof if they are so advised.

  3. Industrial Com. v. Hayden Co.

    155 P.2d 158 (Colo. 1944)   Cited 12 times

    Falls are frequently held to be accidents within the meaning of workmen's compensation acts. 71 C.J. 628, ยง 378. The principal case upon which counsel rely in connection with this point is Hoffman v. New York Central R. R. Co., 36 N.Y.Supp.2d 462, 264 App. Div. 472, but the judgment therein was reversed by the Court of Appeals, 290 N.Y. 277, 49 N.E.2d 136. We think the trial court was in error in vacating the order awarding compensation, and entering its order directing the commission to deny the claim.