Ward & Gow v. Krinsky, 259 U.S. 503 (1922)

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Ward & Gow v. Krinsky

No. 343

Argued December 14, 1921
Decided June 5, 1922
259 U.S. 503

ERROR TO THE SUPREME COURT, APPELLATE DIVISION,

THIRD JUDICIAL DEPARTMENT, OF THE STATE OF NEW YORK

Syllabus

1. The rights of employers under the Fourteenth Amendment are not violated by an extension of the New York Compensation Act (see New York Central R. Co. v. White, 243 U.S. 188) to all employments in which four or more workmen or operatives (farm laborers and domestic servants excepted) are regularly employed, construed by the state court as including, also, all other employees of the same employer and employed in the same business with such workmen and operatives, though at places remote from their work. Pp. 510, 513, 516.

2. So held of an employer in the business of disposing of advertising space on the cars and station platforms of subway and elevated railway lines in a city, and of selling newspapers, etc., at booths located on the platforms; with numerous employees, including executives, clerks, inspectors, chauffeurs and porters, and many salesmen working in the booths separately and apart from other employees, and where the injury in question was inflicted upon such a salesman by a subway train while he was engaged in emptying from the platform upon the tracks a pail of water, used in connection with his work in his booth. P. 507.

193 App.Div. 557, 231 N.Y. 525, affirmed.

Error to a judgment of the Supreme Court of New York Appellate Division, entered upon remittitur from the Court of Appeals, and affirming an award of compensation made by the New York Compensation Commission in favor of the defendant in error Krinsky.