Deceased was employed by defendant as an engineer and, while waiting to relieve the engineer then on duty, began to quarrel with him as to the manner in which a subordinate was doing his work. Words led to blows, and after a short fight, deceased collapsed and died of emotional trauma of the heart. There were no other witnesses, but the survivor claimed deceased struck the first blow. From an award given by the Workmen's Compensation Board, defendant and its insurer appealed. Held, affirmed. The death arose "out of and in the course of the employment." Commissioner of Taxation and Finance v. Bronx Hospital, (App. Div. 1950) 97 N.Y.S. (2d) 120.
Philip G. Meengs,
WORKMEN'S COMPENSATION-INJURY IN FIGHT AS ARISING OUT OF AND IN THE COURSE OF THE EMPLOYMENT,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol49/iss3/16