MATTER OF DE SARAVI v. TROEGER-PHILLIPS, INC.


278 A.D. 877 (1951)

In the Matter of the Claim of Sara V. P. de Saravi, Respondent, v. Troeger-Phillips, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

May 16, 1951.


The deceased was one of the artists who produced the sketches and illustrations used by the alleged employer in the conduct of its commercial art business. While so engaged deceased fell down an elevator shaft on employer's premises suffering severe injuries which resulted in his death. The sole question presented on this appeal is whether deceased was an employee or an independent contractor. The record discloses many of the indices of both relationships from which conflicting...

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