Summary
In Matter of Mandatto v. Hudson Shoring Co. (229 N.Y. 624, supra) the distinction between a contractual relation of employment and a 'casual' and 'voluntary' rendering of a 'slight' service or favor for which a gratuity is given was recognized.
Summary of this case from Jewtraw v. Hartford Accident Ind. Co.Opinion
Argued October 4, 1920
Decided October 19, 1920
E.C. Sherwood, William B. Davis and Benjamin C. Loder for appellants.
James C. Danzilo for claimant, respondent.
Charles D. Newton, Attorney-General ( E.C. Aiken of counsel), for respondent.
Order of Appellate Division and award of the state industrial commission reversed and claim dismissed, with costs against the state industrial commission, on the dissenting opinion of HENRY T. KELLOGG, J., below.
Concur: HISCOCK, Ch. J., CHASE, COLLIN, CARDOZO, McLAUGHLIN, CRANE and ANDREWS, JJ.