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EMPIRE CARTING CO. v. EMPLOYERS' REINSURANCE CORP.

No. 324.

64 F.2d 36 (1933)

EMPIRE CARTING CO., Inc., v. EMPLOYERS' REINSURANCE CORPORATION.

Circuit Court of Appeals, Second Circuit.

April 3, 1933.

Attorney(s) appearing for the Case

Cabell, Ignatius & Lown, of New York City (Milton B. Ignatius and Joseph S. Catalano, both of New York City, of counsel), for appellant.

Schreiber, Buchtler & Rathheim, of New York City (Alfred Rathheim and Harold M. Hoffman, both of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff qualified as a self-insurer under the provisions of the New York Workmen's Compensation Law (Consol. Laws N. Y. c. 67). It then insured its liability in excess of $1,000 as the result of any one accident through a policy of insurance obtained from the defendant.

An employee of the defendant was injured in the course of his employment and died from such injuries. An award was made for the benefit of his dependents in accordance...

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