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PART III

THE WORKMEN'S COMPENSATION LAW, ANNOTATED.

RULES ADOPTED UNDER THE COMPENSATION LAW.

INDEX OF HAZARDOUS EMPLOYMENTS.

PART III

WORKMEN'S COMPENSATION LAW,

ANNOTATED.

(Chapter 816 of the Laws of 1913, as re-enacted and amended by Chapter 41 of the Laws of 1914, constituting Chapter 67 of the Consolidated Laws, as amended, including the amendments of 1916.)

ARTICLE 1.

SHORT TITLE; APPLICATION; DEFINITIONS.

Section 1. Short title.

2. Application.

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§ 1. Short title. This chapter shall be known as the "workmen's compensation law."

In the case of Jensen, Matter of vs. Southern Pacific Company, 215 N. Y. 514, the Court of Appeals decided that the compensation law did not violate the 14th amendment of the Federal constitution.

§ 2. Application.

Compensation provided for in the chapter shall be payable for injuries sustained or death incurred by employees engaged in the following hazardous employments:

The benefits of the compensation law are limited to the hazardous employments enumerated in this section and the list of employments cannot be enlarged either by the Commission or by the Courts.

De La Gardelle, Matter of vs. Hampton Company, 167 App. Div. 617; 153 N. Y. Supp. 162.

Tomassi, Matter of vs. Christensen, 171 App. Div. 284; 156 N. Y. Supp. 905.

In determining what employments are included within the 42 groups, the rule ejusdem generis will be applied

and general language will not be extended beyond the special language previously used.

Aylesworth, Matter of vs. Phoenix Cheese Co., 170 App. App. Div. 34; 155 N. Y. Supp. 916.

Wilson, Matter of vs. Dorflinger & Sons, 218 N. Y. 84, (Court of Appeals, April 25, 1916.)

Group 1. The operation, including construction and repair, of railways operated by steam, electric or other motive power, street railways, and incline railways, but not their construction when constructed by any person other than the company which owns or operates the railway, including work of express, sleeping, parlor and dining car employees on railway trains.

Railroad employees engaged in intrastate work are included within Group 1.

Railroad employees engaged in interstate commerce are also included in Group 1 where the injury is not caused by the negligence of the employer.

Where the railroad employee is engaged in interstate commerce and the injury is due to negligence of the employer, the Federal Employers' Liability Act controls. Winfield, Matter of vs. N. Y. Central & Hud. River R. R., 168 App. Div. 351; 153 N. Y. Supp. 499; aff'd. 216 N. Y. 284.

An employee of a railroad who has finished operating his car for the day is not engaged in the operation of the railroad within the meaning of Group 1, while proceeding to have his watch tested.

De Voe, Matter of vs. New York State Railways, 169 App. Div. 472; 155 N. Y. Supp. 12.

Where a railroad employee is engaged to watch material adjoining the tracks and is killed while standing upon one of the tracks by a passing train, his widow is entitled to compensation.

Claim No. 31018, White, Matter of vs. New York Central R. R. Co., 2. N. Y. St. Dep. Rep. 477; Aff. 216 N. Y. Memo. 653 (without opinion).

(See also Section 114 and cases cited.)

Group 2. Construction, repair and operation of railways not included in group one. (Group 2, am'd by L. 1916, Ch. 622, effective June 1, 1916.)

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