180 A.D. 227 | N.Y. App. Div. | 1917
The State Industrial Commission has found as conclusions of fact that in September, 1916, the town of Saugerties, Ulster county, N. Y., was engaged in the construction, repair and maintenance of highways and bridges within the town; that the claimant Michael Lanigan was employed by the town as a foreman on the work; that his superior was Raymond Ten Broeck, the town superintendent of highways, who had authority to "employ and discharge all employees and
At the time of the accident the occupation of road building carried on by a town was a hazardous occupation. (Consol. Laws, chap. 67 [Laws of 1914, chap. 41], § 2, groups 13, 43, as amd. by Laws of 1916, chap. 622.) The town represented by its superintendent of highways was an employer. (Id. § 3, subd. 3.) Claimant being engaged in a hazardous occupation was an employee. (Id. § 3, subd. 4.) Assisting in procuring men and material for the performance of the work was incidental to claimant’s employment as foreman. It would
I think the award should be affirmed.
All concurred, except Kellogg, P. J., and Sewell, J., dissenting.
Award affirmed.