New York Court of Appeals

James Barrencotto, Respondent v. Cocker Saw Company, Inc., Appellant

December 31, 1934266 N.Y. 139

Summary

The Court affirmed the lower court's dismissal of the employee's tort claim, holding that the exclusive liability provision of the Workmen's Compensation Law applies only to injuries that fall within the statutory definition of "injury" and does not bar common law actions for injuries outside that scope, such as the plaintiff's silicosis. The Court also answered the certified question affirmatively.