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Matter of Derby v. International Salt Co., Inc.

Appellate Division of the Supreme Court of New York, Third Department
Jun 30, 1931
233 App. Div. 15 (N.Y. App. Div. 1931)

Summary

In Derby v. International Salt Co., 233 App. Div. 15, 251 N.Y.S. 531, "The claimant was engaged in moving salt in a hand cart. He placed the cart in position where it would be filled from a chute and while waiting for this he exercised by walking about, as the weather was cold. He received serious injuries to each hand from the explosion of a dynamite cartridge or cap. He describes the happening: `I saw something across a long board that was laying there. It was shining.

Summary of this case from Jordan v. Dixie Chevrolet, Inc., et al

Opinion

June 30, 1931.

Appeal from State Industrial Board.

E.C. Sherwood [ William B. Davis of counsel], for the appellants.

John J. Bennett, Jr., Attorney-General [ E.C. Aiken, Assistant Attorney-General, of counsel], for the respondent State Industrial Board.

Stagg Heath, for the claimant, respondent.


The claimant was engaged in moving salt in a hand cart. He placed the cart in position where it would be filled from a chute and while waiting for this he exercised by walking about, as the weather was cold. He received serious injuries to each hand from the explosion of a dynamite cartridge or cap. He describes the happening: "I saw something across a long board that was laying there. It was shining. It was in a little box and I picked it up and looked at it and in the left hand I held it and * * * I pulled that wire and it exploded."

The claimant had not abandoned his employment. It was his duty to wait until the cart was filled, and observing the interesting looking box or device he picked it up to investigate. Except for the dangerous character of his find, this act would not have lessened the amount of labor which he would do. It was a peril arising because of his employment at the salt works. The principle does not differ from Miles v. Gibbs Hill, Inc. ( 250 N.Y. 590) where an employee walking along a railroad track struck, with a long-handled hammer which he was carrying, a small object on the rail which proved to be a torpedo.

The award should be affirmed, with costs to the State Industrial Board.

All concur.

Award affirmed, with costs to the State Industrial Board.


Summaries of

Matter of Derby v. International Salt Co., Inc.

Appellate Division of the Supreme Court of New York, Third Department
Jun 30, 1931
233 App. Div. 15 (N.Y. App. Div. 1931)

In Derby v. International Salt Co., 233 App. Div. 15, 251 N.Y.S. 531, "The claimant was engaged in moving salt in a hand cart. He placed the cart in position where it would be filled from a chute and while waiting for this he exercised by walking about, as the weather was cold. He received serious injuries to each hand from the explosion of a dynamite cartridge or cap. He describes the happening: `I saw something across a long board that was laying there. It was shining.

Summary of this case from Jordan v. Dixie Chevrolet, Inc., et al

In Derby v. International Salt Co., Inc., 233 App. Div. 15, 251 N.Y.S. 531, it was held that compensation was properly awarded.

Summary of this case from Southern Cotton Oil Co. v. Bruce
Case details for

Matter of Derby v. International Salt Co., Inc.

Case Details

Full title:In the Matter of the Claim of MICHAEL DERBY, Respondent, against…

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

Date published: Jun 30, 1931

Citations

233 App. Div. 15 (N.Y. App. Div. 1931)
251 N.Y.S. 531

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