Claim of Claremont v. De Coss — 220 N.Y. 671

Majority

p. 671

In the Matter of the Claim of Mary Claremont, Respondent, against Ovid De Coss et al., Appellants.

Headnote

Matter of Claremont v. De Coss, 175 App. Div. 952 , affirmed.

(Argued March 1, 1917;

decided March 20, 1917.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered

p. 672

December 1°, 1916, which affirmed an award of the state industrial commission under the Workmen’s Compensation Law. The sole question on this appeal is whether or not there was any testimony before the commission upon which it might determine, against substantial evidence to the contrary, the relation of master and servant existed between De Ooss and Claremont, deceased. Appellant claims decedent was an independent contractor.

Andrew J. Nellis for appellants.

Egburt E. Woodbury, Attorney-General (E. C. Aiken of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Chase, Cuddebacic, Pound, McLaughlin and Andrews, JJ. Dissenting: Hiscooic, Ch. J., and Hogan, J.