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Claim of Mandel v. A. Steinhardt & Bro., Inc.

Before State Industrial Commission, In the Matter of the Claim of Herbert Mandel, for Compensation to Himself under the Workmen's Compensation Law v. A. Steinhardt & Bro., Inc., Employer, and Massachusetts Bonding and Insurance Company, Insurance Carrier

Claim of Mandel v. A. Steinhardt & Bro., Inc., 173 A.D. 515 (1916)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
June 30, 1916
Judges
Howard
Citations
173 A.D. 515160 N.Y.S. 21916 N.Y. App. Div. LEXIS 7575
Headnotes
Workmen’s Compensation Law, section 3, group 33—hazardous employment — traveling salesman. A traveling salesman who at the time he was injured in a public bus was engaged in his regular occupation of going from place to place for the purpose of selling goods, is not entitled to recover under the Workmen’s Compensation Law for though, under group 33 of section 3 of the statute, his employer was engaged in a hazardous employment, he was not so engaged.
Summary
Appeal by the defendants, A. Steinhardt & Bro., Inc., and another, from an award of the State Industrial Commission, made on the 21st day of December, 1915, granting to claimant six weeks’ compensation for an injury he received while riding in a public bus from White Plains to Port Chester.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Howard

Text extracted by OCR from a scanned original; check the original for exact wording.

Howard, J.:

The claimant was a traveling salesman. His employer was engaged in the manufacture of leather and other fabric novelties in New York city. The claimant occasionally visited the factory to procure samples. He was injured while riding in a public bus from White Plains to Port Chester, and was at the time of the accident engaged in his regular occupation of going from place to place for the purpose of selling goods.

Under group 32 of section 2 of the Workmen’s Compensation Law (Consol. Laws, chap. 67; Laws of 1914, chap. 41) the employer was engaged in a hazardous employment, but the claimant was not so engaged. The hazards incident to manufacturing leather goods in no manner menaced this claimant riding along on the highway in a bus with other passengers. In fact, the vicissitudes of the claimant as he journeyed from town to town were not in the remotest degree affected by the character of the business carried on by his employer; his perils were not increased, his safety not diminished. It is not sufficient under the statute for the employer to be engaged in a hazardous employment; the claimant must have been so engaged.

We have just recently passed upon this question in a case quite similar to this. (Matter of Sickles v. Ballston Refrigerating Storage Co., 171 App. Div. 108 .) In view of the opinion written there it is unnecessary to make further comment here.

The award should be reversed and the matter remitted to the Commission for further consideration.

All concurred.

Award reversed and the matter remitted to the Commission for further consideration.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1923: 11959: 11960: 11961: 21964: 119232026peak 1961 · 2

Relies on it most ⓘ

  1. Gillis v. Graeber221 P. 235 (Ariz. 1923)
  2. Jacobs v. Kaplan152 A.2d 145 (N.J. Super. Ct. App. Div. 1959)
  3. Bontempo v. Carey165 A.2d 222 (N.J. Super. Ct. App. Div. 1960)
  4. Black v. Mahoney Troast Const. Co.168 A.2d 62 (N.J. Super. Ct. App. Div. 1961)
  5. In re Gen. Assignment for Benefit of Creditors of National Meat Supply Co., Inc.169 A.2d 236 (N.J. Super. Ct. App. Div. 1961)
  6. Masterson v. Christopher Diner, Inc.204 A.2d 592 (N.J. Super. Ct. App. Div. 1964)

Most recent

  1. Masterson v. Christopher Diner, Inc.204 A.2d 592 (N.J. Super. Ct. App. Div. 1964)
  2. In re Gen. Assignment for Benefit of Creditors of National Meat Supply Co., Inc.169 A.2d 236 (N.J. Super. Ct. App. Div. 1961)
  3. Black v. Mahoney Troast Const. Co.168 A.2d 62 (N.J. Super. Ct. App. Div. 1961)
  4. Bontempo v. Carey165 A.2d 222 (N.J. Super. Ct. App. Div. 1960)
  5. Jacobs v. Kaplan152 A.2d 145 (N.J. Super. Ct. App. Div. 1959)
  6. Gillis v. Graeber221 P. 235 (Ariz. 1923)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Claim of Sickles v. Ballston Refrigerating Storage Co., 171 A.D. 108 (1916) 8

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