Claim of Rosmuth v. American Radiator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, American Radiator Company and another, from an award of the State Industrial Board entered in the office of the State Industrial Commissioner on the 11th day of October, 1921.
1Opinion of the Court
Hinman, J.:
This is a case of assault and robbery of an employee in the course of his employment, by outside parties. The findings of fact of the Commission are not questioned. We are to determine whether the accident arose out of the employment. The claimant was a laborer engaged in night work. He and his companion were engaged in drawing cinders from the plant to a dump about 200 feet away. They had a small cart and mule which, the claimant was driving back from the dump at about one o’clock in the night. His companion was following. Claimant was set upon by three unknown men who assaulted…
2Cases cited7 opinions
- Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- Matter of Scholtzhauer v. . C. L. Lunch Co.New York Court of Appeals · 1922
- Matter of Heidemann v. . Am. District Tel. Co.New York Court of Appeals · 1921
- Claim of Griffin v. A. Roberson & SonAppellate Division of the Supreme Court of the State of New York · 1916
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3Cited by20 opinions
- Beem v. H. D. Lee Mercantile Co.Supreme Court of Missouri · 1935
- Dean v. Stockham Pipe & Fittings Co.Supreme Court of Alabama · 1929
- Vivier v. Lumbermen's Indemnity Exch.Texas Commission of Appeals · 1923
- Buckner v. Quick Seal, Inc., and Lib. Mut. Ins. Co.Missouri Court of Appeals · 1938
- Industrial Commission v. HunterSupreme Court of Colorado · 1923
15 more not listed; retrieve them via the Exa API.