Claim of Buckley v. Gallagher Bros. Sand & Gravel Corp.
Cases that cite this one
6 later published cases cite this decision.
- Claim of Paider v. Park East Movers (N.Y. 1967)
- Gilbert Pacific, Inc. v. Donovan (United States District Court Eastern District of Louisiana 1961)
- Board of National Missions of Presbyterian Church v. Alaska Industrial Board (United States District Court for the District of Alaska 1953)
- Parle v. Henry Boos Dental Laboratories, Inc. (Minn. 1967)
- Claim of Paider v. Park East Movers (Appellate Division of the Supreme Court of New York 1966)
- Reynolds v. General Motors Corp. (N.J. Super. Ct. App. Div. 1955)
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
There was no evidence that claimant became disabled as the result of her duties as a telephone operator. The tuberculosis contracted by her while serving as bookkeeper was not an occupational disease within the meaning of subdivision 2 of section 3 of article 1 of the Workmen’s Compensation Law. The disease resulted not as an incident to claimant’s occupation but from the fact that she worked alongside a tubercular coemployee who was also a bookkeeper. It was th,e coemployee and not the occupation which caused the disease. (Matter of Harman v. Republic Aviation Corp., 298 N. Y. 285; Matter of Champion v. Gurley, 299 N. Y. 406.)
The order of the Appellate Division and the award of.the Workmen’s Compensation Board should be reversed, with costs
Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.
Ordered accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.