Appellate Division of the Supreme Court of New York, 1927

Claim of Dingee v. Dairymen's League Co-operative Ass'n

Claim of Dingee v. Dairymen's League Co-operative Ass'n
Appellate Division of the Supreme Court of New York · Decided March 15, 1927
219 A.D. 846
Claim of Dingee v. Dairymen's League Co-operative Ass'n

Opinion of the Court

Award modified by striking out fifteen dollars and thirty-nine cents and in place thereof substituting eight dollars, on the ground that the employment was seasonal (Gruber v. Kramer Amusement Corp., 207 App. Div, 564); that there is no evidence to support the weekly wage found, and *847the award should be made under subdivision 6 of section 15 of the Workmen’s Compensation Law; and as so modified the award is affirmed. Van Kirk, Acting P. J., Hinman, McCann, Davis and Whitmyer, JJ., concur.

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