MATTER OF CECERE v. CECERE


276 A.D. 798 (1949)

In the Matter of the Claim of Dorothy Cecere, Respondent, v. Arthur Cecere et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 28, 1949.


Decedent was an expert bulldozer operator. His brother Arthur is a contractor who had a contract with a farmer to do work requiring a bulldozer. Without any specific words about hiring or rate of pay, according to Arthur's testimony, he "sent him [decedent] out * * * to work". Decedent worked twenty-seven hours alone with the bulldozer for which his brother received $160. While loading the bulldozer on a truck decedent was killed...

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