Globe Indemnity Co. v. Industrial Accident Commission

The respondent Marmurowicz was employed as a waiter in the dining room of the Barker Hotel in the city of Los Angeles on August 27, 1933. At this same time a Miss Marshall was employed in the kitchen of said hotel. The latter was stationed at the salad and dessert counter and, among other things, was required to prepare and deliver to the respective waiters the salads and desserts ordered by them for patrons. On the day above mentioned Marmurowicz, in the course and scope of his employment, had placed an order for ice cream with Miss Marshall. Apparently the order was not immediately attended to whereupon, according to his testimony, Marmurowicz on at least two subsequent occasions repeated the order. He then asked or demanded why the order of ice cream was not filled and an argument ensued as to whether he had placed such an order. In the course of the argument Miss Marshall told Marmurowicz to “shut up” and then referred to him as a “dirty Polack”. With this remark Marmurowicz walked around and in back of the counter and in the general direction of Miss Marshall, saying, “What was that you called me?” Other expressions passed between the parties. As to these the witnesses were…