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Claim of Dennison v. Peckham Road Corp.

269 A.D. 800 Court N.Y. App. Div. Decision date 1945-05-16 English

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p. 800
In the Matter of the Claim of Marjorie B. Dennison, Respondent, against Peckham Road Corp. et al., Appellants-Respondents, and Wm. E. Bouley & Co. et al., Respondents-Appellants. State Industrial Board, Respondent.

Appellant Wm. E. Bouley & Co. was engaged in excavating a cellar. It leased a power shovel from Peckham Road Corp. The latter corporation was not connected with the Bouley Co. or the excavation. Decedent was regularly employed by Peckham but was engaged by Bouley to assist in operating the shovel. His wages were paid by Bouley; he received the injuries which caused his death while so employed. Award reversed as to the Peckham Road Corp. and remitted to the State Industrial Board for the making of an award solely against the Wm.