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Matter of Osterhout v. Town of Rochester

Appellate Division of the Supreme Court of New York, Third Department
Jan 1, 1936
246 App. Div. 873 (N.Y. App. Div. 1936)

Opinion

January, 1936.


This is an appeal by the employer and insurance carrier from an award in favor of the claimant, who ran a garage and who was employed to go out and help repair a steam shovel belonging to the town. There is no evidence in the case showing that he was an employee of the town, but the evidence shows that he was an independent contractor. Award reversed, and claim dismissed, with costs against the State Industrial Board. Hill, P.J., Rhodes, McNamee, Crapser and Bliss, JJ., concur.


Summaries of

Matter of Osterhout v. Town of Rochester

Appellate Division of the Supreme Court of New York, Third Department
Jan 1, 1936
246 App. Div. 873 (N.Y. App. Div. 1936)
Case details for

Matter of Osterhout v. Town of Rochester

Case Details

Full title:In the Matter of the Claim of W.J. OSTERHOUT, Respondent, against TOWN OF…

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

Date published: Jan 1, 1936

Citations

246 App. Div. 873 (N.Y. App. Div. 1936)