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White v. Loades

Appellate Division of the Supreme Court of New York, Third Department
May 2, 1917
178 App. Div. 236 (N.Y. App. Div. 1917)

Opinion

May 2, 1917.

Bertrand L. Pettigrew [ Walter L. Glenney with him on the brief], for the employer and insurance carrier.

Robert W. Bonynge, for the Industrial Commission.


The employer was carrying on the business of operating a steam machine for the threshing of grain and beans. The machine was moved from place to place for custom work. The claimant was a day laborer employed in working and moving said machine. When moving it from one place to another, while putting the separator in the barn, a wheel struck some obstruction, throwing the wagon tongue around, striking the claimant on his right knee, causing his injury. We think the case comes within group 41 of section 2 of the Workmen's Compensation Law (Consol. Laws, chap. 67; Laws of 1914, chap. 41), the operation of a vehicle. ( Matter of Costello v. Taylor, 217 N.Y. 179.)

By subdivision 4 of section 3 of the Workmen's Compensation Law, farm laborers and domestics are not within the protection of the act; but a man who is traveling through the country with a machine, and stopping from place to place to thresh out the grain and beans of the farmers for a compensation, is not engaged in farming, and his employees are not farm laborers. He was running a threshing machine, and while that was not declared a hazardous business, the fact that the machine went from place to place like a wagon or vehicle, and upon wheels, brought it within the group stated, and the injury that came to the claimant arose from the operation of a wagon or vehicle — that is while putting it in the barn.

We answer the question in the affirmative — that the claimant was engaged in a hazardous employment at the time he received his injury.

All concurred.

Question certified answered in the affirmative.


Summaries of

White v. Loades

Appellate Division of the Supreme Court of New York, Third Department
May 2, 1917
178 App. Div. 236 (N.Y. App. Div. 1917)
Case details for

White v. Loades

Case Details

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

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

Date published: May 2, 1917

Citations

178 App. Div. 236 (N.Y. App. Div. 1917)
164 N.Y.S. 1023

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