MATTER OF TAIT v. TOWN OF DELHI


17 A.D.2d 667 (1962)

In the Matter of the Claim of Leona Tait, Respondent, v. Town of Delhi et al., Appellants. Workmen's Compensation Board, Respondent

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

July 2, 1962


The question presented by this appeal is whether decedent, whose death resulted from injury in the course of work for the Town of Delhi, was an employee of the town or an independent contractor. The Town Superintendent of Highways testified that he told decedent, who was a laborer, that the town wanted to tear down a shed. The superintendent testified: "he wanted the job of tearing it down", and that decedent told him that if he could do the work of tearing down the shed...

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