284 N.Y. 481 | NY | 1940
Joseph Dimino was employed by Independent Warehouses, Inc., as superintendent of its pier at East river and Twentieth street, Manhattan, city of New York. While so employed, he fell into one of the hatchways of a vessel that was being unloaded at the pier and suffered fatal injuries. Awards were made to his dependents under the Workmen's Compensation Law (Cons. Laws, ch. 67). The Appellate Division reversed and dismissed the claims, holding that when Dimino was hurt he was engaged in a maritime service on navigable waters and that the State Industrial Board had no jurisdiction.
"What work has direct relation to navigation or commerce must, of course, be determined in view of surrounding circumstances as cases arise." (Baizley Iron Works v. Span,
In Grant Smith-Porter Ship Co. v. Rohde (
Rosengrant v. Havard (
We think the foregoing decisions of the highest court of the nation rule the case in hand and sanction the conclusion of the State Industrial Board that, "At the time the said Joseph Dimino sustained the accidental injuries which resulted in his death, he was not engaged in performing any work of a maritime character or nature and said work bore no relation to navigation but was a matter of local concern." (Cf. Matter of Newham v. ChileExploration Co.,
The order of the Appellate Division should be reversed, and the award of the State Industrial Board affirmed, with one bill of costs in this court and in the Appellate Division to the appellants.
FINCH, RIPPEY, SEARS and LEWIS, JJ., concur; LEHMAN, Ch. J., and CONWAY, J., dissent.
Ordered accordingly. *486