177 A.D. 56 | N.Y. App. Div. | 1917
When the policy was issued and at the time of the accident on March 24, 1915, the claimant owned ninety-five per cent of the stock of the employer company. Later the company was closing out its business; another was elected president in place
A superintendent, the alter ego of the master, is entitled to the benefit of the Employers’ Liability Act. (Aken v. Barnet & Aufsesser Knitting Co., 118 App. Div. 463.)
The insurer, by treating the claimant as an employee and including his salary in the payroll as a basis for the premium, may not now be in a position to deny that he was an employee. The award should be affirmed.
Award unanimously affirmed.