MATTER OF LIPIARZ v. INT'L MILLING CO.


285 A.D. 1092 (1955)

In the Matter of the Claim of Frank Lipiarz, Respondent, v. International Milling Co. et al., Appellants, and State Insurance Fund, Respondent. Workmen's Compensation Board, Respondent

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

April 1, 1955.


In the conduct of its flour and feed business, employer maintained a freight yard with eight railroad tracks, each accommodating four cars. Claimant, seventy-one years of age, was employed to keep the yard clean, which involved picking up and removal of paper, corrugated boards, copper dirt, flour, and other matter. His usual practice was to bundle the refuse, pass a rope around it, pull the bag to his back, carry it about 700 feet, and there dump it. The bundles ordinarily...

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