Appellate Division of the Supreme Court of New York, 1924

Burch v. Ramapo Iron Works

Appellate Division of the Supreme Court of New York · Decided November 13, 1924 · Kellogg

210 A.D. 506; 206 N.Y.S. 868; 1924 N.Y. App. Div. LEXIS 6774

Counsel

William H. Foster, for the appellants., Carl Sherman, Attorney-General [E. C. Aiken, Deputy Attorney-General, of counsel], for the respondents.

Cases that cite this one

4 later published cases cite this decision.

Hoyle v. Isenhour Brick & Tile Co. (N.C. Ct. App. 1982)
D'ANDREA v. Manpower, Inc. of Providence (R.I. 1969)
Maintenance Management, Inc. v. Tinkle (Colo. App. 1977)
Claim of Chaffee ex rel. Clapper v. Effron (Appellate Division of the Supreme Court of New York 1956)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

H. T. Kellogg, J.:

The employee for whose death this claim "was filed, while pulling an iron clamp, by means of a long hook, from a furnace in the plant of his employer, was struck in the abdomen by the hook when it slipped from the clamp. The work to which the employee had been assigned consisted of operating an air hammer. His duties did *507not comprehend work in connection with the furnace. He had been repeatedly told by his foreman to stick to the hammer and do no other work. When the foreman saw him engaged in any other work he rebuked him and sent him back to his job. It appeared, therefore, that the employee was not doing work which he was employed to do when he received his injuries. Consequently, although his injuries may have been the cause of his death, they did not arise out of or in the course of his employment.

The award should be reversed and the claim dismissed.

All concur.

Award reversed and claim dismissed, with costs against the State Industrial Board.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.