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. Compare 114, Interstate commerce.

Group 2. Construction, 1repair and operation of railways not included in group 1. [Group 2 am'd by L. 1916, ch. 622.]

1 Word " repair," inserted by L. 1916, ch. 622. Compare 114, Interstate commerce.

Group 3. The operation, including construction and repair, of car shops, machine shops, steam and power plants, and other works for the purposes of any such railway, or used or to be used in connection with it when operated, constructed or repaired by the company which owns or operates the railway. Compare 114, Interstate commerce.

Group 4. The operation, including construction and repair of car shops, machine shops, steam and power plants, not included in group three. Compare 114, Interstate commerce.

Group 5. The operation, including construction and repair, of telephone lines and wires for the purposes of the business of a telephone company, or used or to be used in connection with its business, when constructed or operated by the company.

Compare 114, Interstate commerce.

Group 6. The operation, including construction and repair, of telegraph lines and wires for the purposes of the business of a telegraph company, or used or to be used in connection with its business, when constructed or operated by the company.

Compare 114, Interstate commerce.

Group 7. Construction or repair of telegraph and telephone lines not included in groups five and six. [Group 7 am'd by L. 1916, ch. 622.] Words " or repair," inserted by L. 1916, ch. 622.

Compare § 114, Interstate commerce.

Group 8. The operation, within or without the state, including repair, of vessels other than vessels of other states or countries used in interstate or foreign commerce, when operated or repaired by the company; 1marine wrecking. [Group 8 am'd by L. 1916, ch. 622.]

1 Words "marine wrecking," added by L. 1916, ch. 622.

Compare 114, Interstate commerce, and group 10, below, note on longshore work. The Federal maritime law excludes this group: Southern Pacific Co. V. Jensen, 244 U. S. - May 21, 1917.

"Operation" includes loading and unloading; when the employer and owner is a New York corporation, the presumption is that the vessel is not one of another State or country: Edwardsen v. Jarvis Lighterage Co., 168 App. Div. 368.

The Appellate Division, May 2, 1917, in Charlton v. Hilton-Dodge Trans. Co., reversed an award to a New York employee of a foreign corporation for an accident' occurring at sea.

Group 9. Shipbuilding, including construction and repair in a ship-yard or elsewhere, not included in group eight.

Group 10. Longshore work, including the loading or unloading of cargoes or parts of cargoes of grain, coal, ore, freight, general merchandise, lumber or other products or materials, or moving or handling the same on any dock, platform or place, or in any warehouse or other place of storage.

Compare 114, Interstate commerce. Federal maritime law excludes this group: Southern Pacific Co. v. Jensen, 244 U. S. May 21, 1917. The specific enumeration of longshore work in this group excludes such work from group 8: Jensen v. Southern Pacific Co., 215 N. Y. 519, 520. Rag picking in a refuse dump on the shore is not longshore work: Tomassi v. Christensen, 171 App. Div. 284, but compare addition of "garbage sorters" to group 13, below.

For a special declaration of the Workmen's Compensation Commission relative to longshore work compare S. D. R., vol. 1, p. 413; but compare group 13.

Group 11. Dredging, subaqueous or caisson construction or repair, and pile driving. [Group 11 am'd by L. 1916, ch. 622.]

Driving sheeting for a jetty to protect baths on a water front is pile driving: Mazzarisi v. Ward & Tully, S. D. R., vol. 4, p. 443; 170 App. Div. 868.

1 Words 66

or repair," inserted by L. 1916, ch. 622.

Group 12. Construction, installation, 1repair or operation of electric light and electric power lines, dynamos, or appliances, and power transmission lines. [Group 12 am'd by L. 1916, ch. 622.]

1 Word "repair," inserted by L. 1916, ch. 622.

Group 13. Paving; 1road building, curb and sidewalk construction or repair; sewer and subway construction 2or repair, work under compressed air, excapvation, tunneling and shaft sinking, well digging, laying and repair of underground pipes, cables and wires; grave digging; undertaking; landscape gardening; planting, moving, trimming and care of trees and tree surgery, not included in other groups; 4street cleaning, ashes, garbage or removal; 5garbage sorters; operation of water works. [Group 13 am'd by L. 1916, ch. 622; and L. 1917, ch. 705.]

snow

Where the principal business of the employer is garbage removal, accidental injury to an employee whose sole work is sorting on the dump is compensatable: Sacalli v. Marrone, Bul.,† vol. 2, p. 91; S. D. R., no. 68, p. 116.

1 Words "road building, curb and sidewalk construction or repair," inserted by L. 1916, ch. 622.

2 Words "or repair" inserted by L. 1916, ch. 622.

3 Words " grave digging

and tree surgery "inserted by L. 1917, ch. 705. Words "street cleaning, ashes, garbage or snow removal" inserted by L. 1916,

ch. 622.

5 Words 66

garbage sorters inserted by L. 1917, ch. 705.

6 Words " operation of water works added by L. 1916, ch. 622.

Group 14. Lumbering; logging, river-driving, rafting, booming, saw mills, 1bark mills; shingle mills, lath mills, 2lumber yards; manufacture of veneer and of excelsior; manufacture of зbarrels, kegs, vats, tubs, staves, spokes, or headings. [Group 14 am'd by L. 1916, ch. 622.]

1 Words "bark mills," inserted by L. 1916, ch. 622.

2 Words "lumber yards," inserted by L. 1916, ch. 622.

3 Words " barrels, kegs, vats, tubs," inserted by L. 1916, ch. 622. Lumberman cases subject of court opinions are: Claremont v. DeCoss, S. D. R., vol. 7, p. 463; 175 App. Div. 952; 220 N. Y. Rep. Mar. 20, 1917; Peake v.

'S. D. R." is an abbreviation for State Department Reports. "Bul." is an abbreviation for Monthly Bulletin of the State Industrial Commission.

Lakin, S. D. R., vol. 9, p. 220; 176 App. Div. 917;

N. Y. Rep.

May 8,

1917; Sullivan v. Preston, S. D. R., vol. 10, p. 566; 177 App. Div. 110, Mar. 7, 1917; and Uhl v. Hartwood Club, S. D. R., vol. 9, p. 360; Bul., vol. 2, p. 27; 177 App. Div. 41; affirmed by Court of Appeals, July 11, 1917.

Group 15. Pulp and paper mills.

Group 16. Manufacture of furniture, interior woodwork, organs, pianos, piano actions, canoes, small boats, coffins, wicker and rattan ware; upholstering; manufacture of mattresses or bed springs.

Group 17. Planing mills, sash and door factories, manufacture of wooden and corrugated paper boxes, cheese boxes, mouldings, window and door screens, window shades, carpet sweepers, wooden toys, wooden articles and wares or baskets; 2cork cutting. [Group 17 am'd by L. 1916, ch. 622.] 1 Word "wooden," inserted by L. 1916, ch. 622.

2 Words "cork cutting," added by L. 1916, ch. 622.

The term "mouldings " does not cover the fastening of mouldings for picture hanging: Grasell v. Brodhead, 175 App. Div. 874. Since the Grasell accident picture hanging has been covered by amendment to group forty-two effected by L. 1916, ch. 622.

Group 18. Mining; reduction of ores and smelting; preparation of metals or minerals; 1oil and gas wells. [Group 18 am'd by L. 1916, ch. 622.] 1 Words "oil and gas wells," added by L. 1916, ch. 622.

Group 19. Quarries; sand, shale, clay, or gravel pits; lime kilns; manufacture of brick, tile, terra-cotta, 1asbestos, fire-proofing, or paving blocks, manufacture of calcium carbide, cement, asphalt or paving material; 2stone crushing or grinding; 3coal yards. [Group 19 am'd by L. 1916, ch. 622; and L. 1917, ch. 705.]

1 Word "asbestos," inserted by L. 1916, ch. 622.

2 Words stone crushing or grinding," added by L. 1916, ch. 622. Words "coal yards," added by L. 1917, ch. 705.

Group 20. Manufacture of glass, glass products, glassware, porcelain or pottery.

For a case involving the making of mirrors, compare McQueeney v. Sutphen & Myer, 167 App. Div. 528.

Group. 21. Iron, steel or metal foundries; rolling mills; manufacture of castings, forgings, heavy engines, locomotives, machinery, safes, anchors, cables, rails, shafting, wires, tubing, pipes, sheet metal, boilers, furnaces, stoves, structural steel, iron or metal; machine shops including repairs. [Group 21 am'd by L. 1916, ch. 622.]

1 Words "machine shops, including repairs," added by L. 1916, ch. 622.

Group 22. Operation and repair of stationary engines and boilers, 1freight and passenger elevators, not included in other groups; 2window cleaning; зerection, removal or repair of awnings; heating and lighting. [Group 22 am'd by L. 1916, ch. 622; and L. 1917, ch. 705.]

1 Words "6 freight and passenger elevators," inserted by L. 1916, ch. 622.

2 Words "window cleaning," inserted by L. 1916, ch. 622.

3 Words "erection, removal or repair of awnings," inserted by L. 1917, ch. 705. 4 Words " heating and lighting," added by L. 1916, ch. 622.

Operation of ordinary heaters used in houses for furnishing hot water is not covered by this group: Siegfried v. Goldberg, S. D. R., vol. 7, p. 452; 175 App.

Div. 952; 220 N. Y. Rep.

, Mar. 20, 1917; compare apartment house cases of Praino v. Peloso, 171 App. Div. 963; Dodd v. Lancashire Corp., S. D. R., vol. 9, p. 281; 176 App. Div. 924; Kammar v. Hawk, 177 App. Div. Stavorako v. Cassidy's Ltd., S. D. R., vol. 11, p. 1917.

Mar. 7, 1917;

; 177 App. Div.

Mar. 22,

Removing a shade is incidental to cleaning a window: Tracy v. Mertens, Bul., vol. 2, p. 102.

Group 23. Manufacture of small castings or forgings, metal wares, instruments, utensils and articles, hardware, nails, wire goods, 1screws, bolts, metal beds, sanitary, water, gas or electric fixtures, light machines, typewriters, cash registers, adding machines, carriage mountings, bicycles, metal toys, tools, cutlery, instruments, photographic cameras and supplies, sheet metal products, buttons; 2jewelry; gold, silver and plated ware; articles of bone, ivory and shell. [Group 23 am'd by L. 1916, ch. 622.]

1 Word "screws" substituted for word "screens," by L. 1916, ch. 622.

2 Remaining words of group added by L. 1916, ch. 622.

Group 24. Manufacture of agricultural implements, threshing machines, traction engines, wagons, carriages, sleighs, vehicles. automobiles, motor trucks, toy wagons, sleighs or baby carriages; blacksmiths; horse-shoers. [Group 24 am'd by L. 1916, ch. 622.]

1 Words "blacksmiths; horseshoers," added by L. 1916, ch. 622.

Group 25. Manufacture of 1ammonia, 2petroleum, petroleum products, celluloid, pyroxylin or the compounds of 3pyroxylin or pyroxylin plastics, gases, charcoal or artificial ice, and the manufacture, storing or handling of explosives and dangerous chemicals, corrosive acids or salts, gasoline, petroleum, gun powder or ammunition; laboratories; sice harvesting, ice storage and ice distribution. [Group 25 am'd by L. 1916, ch. 622; and L. 1917, ch. 705.]

1 Words "explosives and dangerous chemicals, corrosive acids or salts," stricken out by L. 1917, ch. 705.

2 Word "gasoline," stricken out by L. 1917, ch. 705. 3 Words "pyroxylin or

by L. 1917, ch. 705.

gases, charcoal, or" substituted for word

Words" and the manufacture

4

"gas,"

I gasoline, petroleum," inserted by L. 1917, 5 Word" laboratories," inserted by L. 1917, ch. 705.

ch. 705.

Words "ice harvesting, ice storage and ice distribution " added by L. 1916, ch. 622.

The addition of the ice industry to this group by L. 1916, ch. 622, may be considered in connection with Aylesworth v. Phoenix Cheese Co., 170 App. Div. 34.

Group 26. Manufacture of paint, color, varnish, oil, japans, turpentine, printing and other ink, printers' rollers, tar, tarred, pitched or asphalted paper. [Group 26 am'd by L. 1916, ch. 622.]

1 Words "and other," inserted by L. 1916, ch. 622.

Group 27. Distilleries, breweries; manufacture of spirituous or malt liquors, alcohol, wine, mineral water or soda waters; 1bottling. [Group 27 am'd by L. 1916, ch. 622.]

1 Word "bottling," added by L. 1916, ch. 622.

Group 28. Manufacture of drugs and chemicals, not specified in group twenty-five, medicines, dyes, extracts, pharmaceutical or toilet preparations, soaps, candles, perfumes, non-corrosive acids or chemical preparations, fertiliz

ers, including garbage or sewerage disposal plants; 2disinfecting; shoe blacking or polish. [Group 28 am'd by L. 1916, ch. 622; and L. 1917, ch. 705.]

1 Words "or sewerage," inserted by L. 1916, ch. 622.

2 Word" disinfecting," inserted by L. 1917, ch. 705.

This group covers a general utility man accidentally killed while building a shelf in a wholesale drug establishment: Larsen v. Paine Drug Co., 169 App. Div. 838; 218 N. Y. 252.

A mere refuse dump is not a garbage disposal plant: Tomassi v. Christensen, 171 App. Div. 284.

Group 29. Milling; manufacture of cereals or cattle foods, warehousing; storage of all kinds and storage for hire; operation of grain elevators. [Group 29 am'd by L. 1916, ch. 622.]

1 Words "of all kinds and storage for hire," inserted by L. 1916, ch. 622.

The amendment of 1916, inserting the words "of all kinds and storage for hire" appears to cover private as well as public storage and so to offset Mihm v. Hussey, 169 App. Div. 742, as a precedent.

Injury to an employee of a storage company by the overturning of an automobile while he is buying fruit for his employer is not compensatable: Sickles v. Ballston R. S. Co., 171 App. Div. 108; but compare recent Gurnett, Ingersoll and Benjamin cases cited under group 41.

Group 30. Packing houses, 1meat markets, 2wholesale groceries; fish markets; planting, cultivating and harvesting of oysters, clams or other sea foods; poultry markets; abattoirs, manufacture or preparation of meats or meat products or glue, 3gelatine, paste or wax. [Group 30 am'd by L. 1916, ch. 622; and L. 1917, ch. 705.]

1 Words "meat markets," inserted by L. 1916, ch. 622. 2 Words "wholesale groceries

ch. 705.

poultry markets," inserted by L. 1917,

3 Words "gelatine, paste or wax," added by L. 1916, ch. 622.

In connection with the words "meat markets" inserted by L. 1916, ch. 622, compare Kohler v. Frohmann, 167 App. Div. 533, and Newman v. Newman, 169 App. Div. 745; 218 N. Y. 325.

This group does not cover the ordinary preparation of meat for cooking purposes: DeLaGardelle v. Hampton Co., 167 App. Div. 617; compare, however, insertion of words " Hotels having fifty or more rooms in group 34, below, by L. 1917, ch. 705.

Group 31. Tanneries.

Group 32. 1Furriers; manufacture of leather goods and products, belting, saddlery, harness, trunks, valises, boots, shoes, gloves, umbrellas, rubber goods, rubber shoes, tubing, tires or hose. [Group 32 am'd by L. 1916, ch.

622.]

1 Word "Furriers," inserted by L. 1916, ch. 622.

Group 33. Canning or preparation of fruit, vegetables, fish or food stuffs; pickle factories and sugar refineries; 1manufacture of dairy products. [Group 33 am'd by L. 1916, ch. 622.]

1 Words "manufacture of dairy products," added by L. 1916, ch. 622. This group does not cover the ordinary preparation of food stuffs for cooking purposes: DeLaGardelle v. Hampton Co., 167 App. Div. 617; compare, however, insertion of words "Hotels having fifty or more rooms" in group 34, below, by 'L. 1917, ch. 705.

The Appellate Division reversed an award in the case of a buttermaker injured before the above-noted addition of dairy products to this group: Pardy v. Boomhower Grocery Co., S. D. R., vol. 11, p. ;-App. Div. May 2, 1917.