Claim of Bandassi v. Molla

Headnote

Workmen’s Compensation Law — workman employed on ground floor of building as forgeman and blacksmith killed through fall of iron pipe from floor occupied by another firm — accident held to have arisen , out of and in course of employment.

Bandassi v. Molla, 200 App. Div. 266 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 14, 1922, which unanimously affirmed an award of the state industrial board made under the Workmen’s Compensation Law. Defendants were engaged in the business of manufacturing tools in the rear of the ground floor of premises in New York city. Claimant’s husband was employed as a forgeman and blacksmith. While at his place of employment he was killed through the falling of a pipe through a skylight from the eighth floor of the building. The pipe at the time of its fall was being repaired by workmen employed by another firm which occupied the premises above the defendants’ shop. It was held that the accident arose out of and-in the course of employment.