Claim of Katz v. A. Kadans & Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court ■ in the third judicial department, entered July 8, 1921, unanimously affirming an award of the State Industrial Commission, made under the Workmen’s Compensation Law. The claimant’s injury did not arise out of his employment. (Heidemann v. American District Telegraph Co., 230 N. Y. 305; 193 App. Div. 402; Matter of Kowalek v. N. Y. Cons. Ry.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court ■ in the third judicial department, entered July 8, 1921, unanimously affirming an award of the State Industrial Commission, made under the Workmen’s Compensation Law. The claimant’s injury did not arise out of his employment. (Heidemann v. American District Telegraph Co., 230 N. Y. 305; 193 App. Div. 402; Matter of Kowalek v. N. Y. Cons. Ry. Co., 229 N. Y. 489; Dennis v. White & Co., 1917 App. Cas. 479; Griffin v. Roberson & Son, 176 App. Div. 6; Matter of McNicol, 215 Mass. 497; Brezzenski v. Crenshaw Eng.…
1Opinion of the CourtPound, J.
This is a workmen’s compensation case. Louis Katz, the claimant, was a dairyman’s chauffeur. On May 7, 1920, when he was driving his employer’s car west on Canal street after delivering some cheese an insane man stabbed him. A lot of people were running after the insane man and he stabbed any one near him. The question is whether claimaint’s injuries arose out of his employment.
If the work itself involves exposure to perils of the street, strange, unanticipated and infrequent though they may be, the employee passes along the streets when on his master’s occasions under the protection of the…
2Cases cited2 opinions
- Matter of Heidemann v. . Am. District Tel. Co.New York Court of Appeals · 1921
- Moran's CaseMassachusetts Supreme Judicial Court · 1920
3Cited by82 opinions
- Claim of Dependents of Marks v. GrayNew York Court of Appeals · 1929
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- New Amsterdam Casualty Co. v. SumrellCourt of Appeals of Georgia · 1923
- Thornton v. Hartford Accident & Indemnity Co.Supreme Court of Georgia · 1945
- Claim of Davis v. Newsweek MagazineNew York Court of Appeals · 1953
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