Claim of Becker v. Schul — 242 N.Y. 552

Majority

p. 552

In the Matter of the Claim of Pauline S. Becker et al., Respondents, against August Schul et al., Appellants. State Industrial Board, Respondent.

Headnote

Workmen’s compensation — master and servant — farm laborer killed while operating farm machinery — dependents entitled to compensation where master had taken out insurance.

Becker v. Schul, 214 App. Div. 743 , affirmed.

(Argued February 24, 1926;

decided March 30, 1926.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 16, 1925, unanimously affirming an award of- the State Industrial Board made under the Workmen’s Compensation Law. The claim was for the death of a farm laborer who was killed in the course of his employment while operating farm machinery. His employer had taken out a policy of insurance covering all persons operating farm machinery. It was contended that deceased being employed as a farm laborer his dependents were not entitled to an award.

p. 553

Edward E. Franchot for appellants.

Albert Ottinger, Attorney-General (Glenn A. Stockwell and E. C. Aiken of counsel), for respondents.

Order affirmed, with costs; no opinion.

Concur: His cock:, Ch. J., Pound, Crane, Andrews and Lehman, JJ. Absent: Cardozo and McLaughJJ.