Appellate Division of the Supreme Court of New York, 1925

Gillespie v. McClintic-Marshall Co.

Gillespie v. McClintic-Marshall Co.
Appellate Division of the Supreme Court of New York · Decided November 15, 1925
215 A.D. 734
Gillespie v. McClintic-Marshall Co.

Opinion of the Court

Award reversed and matter remitted, with costs against the State Industrial Board to abide the event, on the ground that the average weekly wage of the claimant at the time of the accident was not correctly determined, and upon the further ground that the claimant, having since the accident refused work with the appellant at a higher wage than he has been receiving for the reason that the appellant does not employ union labor, cannot have his present earning capacity valued upon a lower basis.

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