Special Bulletins 18 No.80-86 1917

Cover Special Bulletins 18 No.80-86 1917
Special Bulletins 18 No.80-86 1917
New York (State). Dept. of Labor
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to the widow of a carpenter, a temporary or casual em- ployee, killed in the collapse of a factory building while he was at work upon a partition. The court held in each case that the employer was not carrying on for the " pecuniary gain " of the statute the work in which his employee sustained the injury. The produce merchant, it said, was not engaged in the hazardous em- ployment of " warehousing " (§ 2, group 29) because he was not storing the goods of others for hire and the macaroni compan...y was not engaged in the hazardous employment of " structural carpen- try " (§ 2, group 42) because it was " not carrying on the carpen- ter business or doing any carpenter work for profit" The Bai^y opinion has been compared with the Rheinwald opinion, pre- sented above under the caption " Injured person an independent contractor." The Rheinwald decision was handed down May 14, 1915; the Bargey decision, November 10, 1915. Both were by the same court. The injured painter, Rheinwald, was in the same status of casual or temporary employment as the injured carpenter, Bargey.

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