Legal Opinion
Claim of Berresi v. Ryan
Appellate Division of the Supreme Court of the State of New York
Decided November 2, 1934PublishedCited by 4 opinions
1Opinion of the CourtRhodes, J.
Deceased, a chauffeur working for the employer herein, had incurred the personal enmity of one Antonio Romeo *280because of a personal grievance not related to the employment. The employer, having knowledge of this fact, sent deceased with a truckload of feed to be delivered to the premises of said Romeo, and there, while thus employed, deceased was killed by a shot fired by Romeo.
Because the assault was prompted by a grievance in no way connected with the employment, the Board held that the injuries did not arise out of the employment, and dismissed the claim.
It is the general rule in this State…
2Cases cited6 opinions
- Claim of Dependents of Marks v. GrayNew York Court of Appeals · 1929
- Claim of De Filippis v. FalkenbergAppellate Division of the Supreme Court of the State of New York · 1915
- Claim of Rosmuth v. American Radiator Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Matter of De Filippis v. . FalkenbergNew York Court of Appeals · 1916
- Matter of De Salvo v. JenkinsNew York Court of Appeals · 1924
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Carter v. Penney Tire and Recapping Co.Supreme Court of South Carolina · 1973
- Devine v. Great Divide Insurance CompanyAlaska Supreme Court · 2015
- Hudson v. RobertsIdaho Supreme Court · 1954
- Claim of Ramos v. Taxi Transit Co.Appellate Division of the Supreme Court of the State of New York · 1949