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Hall v. Chatham Electric Light, Heat & Power Co.

246 N.Y. 544 Court N.Y. Decision date 1927-10-18 English

Contents

Majority

p. 544
In the Matter of James D. Hall et al., Appellants, against The Chatham Electric Light, Heat and Power Company et al., Respondents. State Industrial Board, Respondent.

Headnote

Workmen’s compensation — master and servant — boy under eighteen years of age killed while employed as member of repair gang on electric wires — claim that father was partially dependent on earnings — claim for double indemnity.
Matter of Hall v. Chatham Elec. L., H. & P. Co., 220 App. Div. 18 , affirmed.
(Argued October 4, 1927;
decided October 18, 1927.)
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 3, 1927, unanimously affirming an award of the State Industrial Board, made under the Workmen’s Compensation Law. Appellants contended that the father was partially dependent upon the earnings of his son, killed in the course of his employment as a member of a repair gang repairing wires of a public service corporation engaged in the manufacture and distribution of electricity, and hence entitled to compensation under subdivision 4 of section 16 of the Workmen’s Compensation Law; and that the son, being under eighteen years of age, was killed whilst employed in violation of the Labor Law, and that under section 14-a of the Workmen’s Compensation Law, claimants are entitled to double the indemnity prescribed by section 16 of that law.
p. 545
Ransom H. Gillett for appellants.
Neile F. Towner and Walter S. Archibald for respondents.
Albert Ottinger, Attorney-General, for State Industrial Board, respondent.

Order affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.