New York Court of Appeals
In the Matter of the Claim of Peter Anderson, Respondent, Against Babcock & Wilcox Co., Appellants. Carl…
April 7, 1931256 N.Y. 146
Summary
The New York Court of Appeals held that the injury suffered on August 8, 1927 was a separate accident from the earlier fracture and that liability must be apportioned between the two employers' insurers rather than placed solely on the second insurer. Accordingly, the lower court's award against only Babcock & Wilcox Co. was reversed and the case remanded for further findings.