Claim of Jackson v. Frederick Richman & Co.

Van Voorhis, J. (concurring).

The question is whether the compromise of a cause of action by claimant against the president of the corporation for which he worked, for civil assault and battery, constituted a compromise of a third-party action so as to entail the adverse consequences of a compromise without the consent of the insurance carrier imposed by subdivision 5 of section 29 of the Workmen’s Compensation Law. An assault is held to be binding on an employer if, under some conceivable theory, it may be found to have been done, however ineptly, in furtherance of the business of the…