O'Rourke v. Long
New York Court of Appeals
359 N.E.2d 1347 (1976)
- Written by Whitney Punzone, JD
Facts
On June 25, 1970, minor Christopher O’Rourke was illegally engaged in delivering newspapers from the Long Island Press when he was struck by a vehicle upon returning to his bicycle from a visit to an ice cream truck. On October 5, a claim was filed with the Workmen’s Compensation Board on behalf of O’Rourke. A check was sent to O’Rourke but was returned to the carrier by his counsel. O’Rourke and his father (plaintiffs) brought a plenary action against Long Island Press, the owner and operator of the ice cream truck, and the owner of the vehicle that struck O’Rourke (defendants). The matter was settled at trial with all defendants except Long Island Press. The lower court dismissed the case against Long Island Press due to insufficient evidence to establish a causal relationship between O’Rourke’s illegal employment and the accident. The judgment was affirmed by the Appellate Division without opinion, and the O’Rourkes appealed.
Rule of Law
Issue
Holding and Reasoning (Jasen, J.)
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