Matter of Scholtzhauer v. . C. L. Lunch 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 May 17, 1921, unanimously affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The homicide did not arise out of the employment. The hazard of being murdered on account of either unrequited love or a refusal to “go out ” with a man cannot be recognized as a particular hazard of a waitress’ employment.
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■ Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 17, 1921, unanimously affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The homicide did not arise out of the employment. The hazard of being murdered on account of either unrequited love or a refusal to “go out ” with a man cannot be recognized as a particular hazard of a waitress’ employment. (Heitz v. Ruppert, 218 N. Y. 148; Carbone v. Loft, 219 N. Y. 579; Markell v. D. G. F. Shoe Co., 221 N. Y. 493; Verschleiser…
1Opinion of the CourtMcLaughlin, J.
On the 28th of June, 1919, Irma D. Scholtzhauer, daughter of the claimant, was employed as a waitress by the C. & L. Lunch Company, at 2246 Broadway, New York city. There was employed at the same time, by the same company, a colored dishwasher by the name of Arthurs. About six o’clock in the afternoon of the day named Arthurs invited the daughter to go out with him that evening. She declined the invitation and stated to another employee that she would not go out with a negro. Her statement to this effect having been repeated to Arthurs, made him very angry. Shortly thereafter, when the…
2Cases cited2 opinions
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- Rayner v. Sligh Furniture Co.Michigan Supreme Court · 1914
3Cited by51 opinions
- Ingrid Fisher v. HalliburtonCourt of Appeals for the Fifth Circuit · 2012
- Harden v. Thomasville Furniture Co.Supreme Court of North Carolina · 1930
- Perdue v. BrittinghamCourt of Appeals of Maryland · 1946
- Claim of Lemon v. New York City Transit AuthorityNew York Court of Appeals · 1988
- Perez v. Fred Harvey, Inc.New Mexico Supreme Court · 1950
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