Claim of Rasmusser v. Diplomat Bar & Grill, Inc.

Appellate Division of the Supreme Court of New York

Claim of Rasmusser v. Diplomat Bar & Grill, Inc.

260 A.D. 965, 23 N.Y.S.2d 209, 1940 N.Y. App. Div. LEXIS 5629

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 13, 1940

StatusPublished

This text of 260 A.D. 965 (Claim of Rasmusser v. Diplomat Bar & Grill, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Rasmusser v. Diplomat Bar & Grill, Inc., 260 A.D. 965, 23 N.Y.S.2d 209, 1940 N.Y. App. Div. LEXIS 5629 (N.Y. Ct. App. 1940).

Pincite

Opinion

Appeal by the employer and insurance carrier from an award of disability compensation under the Workmen’s Compensation Law. The sole question presented is whether the claimant sustained an accident arising out of and in the course of his employment. On October 9, 1938, the claimant was working as manager of a restaurant and bar at One Hundred and Sixty-first street, Jamaica, Long Island. Part of his duties was to preserve order upon the premises. At about three o’clock a. m., an altercation took place in the restaurant. In seeking to quell the disturbance claimant caused one person to be ejected and another to leave, while a third refused to go. Then as he was making up cash the third person suddenly struck him in the face. The president of his employer ordered him to seize his assailant and hold him for the arrival of the police. In attempting to do so he chased the man out on the sidewalk in front of the restaurant and around a car standing near the curb. In his effort to catch the fugitive he climbed on top of the car and jumped down and was injured. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Schenek and Foster, JJ.

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Appeal by the employer and insurance carrier from an award of disability compensation under the Workmen’s Compensation Law. The sole question presented is whether the claimant sustained an accident arising out of and in the course of his employment. On October 9, 1938, the claimant was working as manager of a restaurant and bar at One Hundred and Sixty-first street, Jamaica, Long Island. Part of his duties was to preserve order upon the premises. At about three o’clock a. m., an altercation took place in the restaurant. In seeking to quell the disturbance claimant caused one person to be ejected and another to leave, while a third refused to go. Then as he was making up cash the third person suddenly struck him in the face. The president of his employer ordered him to seize his assailant and hold him for the arrival of the police. In attempting to do so he chased the man out on the sidewalk in front of the restaurant and around a car standing near the curb. In his effort to catch the fugitive he climbed on top of the car and jumped down and was injured. Award unanimously affirmed, with costs to the State Industrial Board. Present — Hill, P. J., Crapser, Bliss, Schenek and Foster, JJ.

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Bluebook (online)

260 A.D. 965, 23 N.Y.S.2d 209, 1940 N.Y. App. Div. LEXIS 5629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-rasmusser-v-diplomat-bar-grill-inc-nyappdiv-1940.