Legal Opinion

Dixon v. Andrews

Supreme Court of New Jersey

Decided March 4, 1918PublishedCited by 6 opinions

On certiorari. On August 15th, 1916, the husband of the. petitioner was a farm hand, whose particular employment on that day was to make a trip to Philadelphia with a truck wagon drawn by a team of mules. Tie left the farm between five and six o’clock in the afternoon, and at two o’clock the next morning was found dead sitting on the seat of the track with his body crushed between the seat and the overhanging roof of a shed under which the mules were standing.

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On certiorari. On August 15th, 1916, the husband of the. petitioner was a farm hand, whose particular employment on that day was to make a trip to Philadelphia with a truck wagon drawn by a team of mules. Tie left the farm between five and six o’clock in the afternoon, and at two o’clock the next morning was found dead sitting on the seat of the track with his body crushed between the seat and the overhanging roof of a shed under which the mules were standing. From the circumstantial details in evidence, the judge of the Pleas determined that the decedent’s death was caused by an accident and…

1Opinion of the Court

The opinion of the court was delivered by

Garrison, J.

The court was justified in finding that the injury of which the decedent died was not intentionally self-inflicted or the result of his intoxication. This left two hypotheses upon which to account for the manner in which such injury was caused, viz., that the decedent was asleep when the mules went under the low roof, or that he was negligent if he was awake. The latter hypothesis need not be considered, inasmuch as negligence is no bar to the recovery of compensation.

The main contention is that the injury was not accidental if tire…

2Cases cited1 opinion

  1. Claim of Gifford v. T. G. Patterson, Inc.New York Court of Appeals · 1917

3Cited by6 opinions

  1. Rafferty v. Dairymen's League Co-operative Ass'n, New Jersey Department of Labor Workmen's Compensation Bureau1938
  2. Culberson v. Daniel Hamm Drayage CompanySupreme Court of Missouri · 1956
  3. Damron v. State Compensation CommissionerWest Virginia Supreme Court · 1930
  4. In Re ColemanIdaho Supreme Court · 1933
  5. Glover ex rel. Coleman v. Orofino Mercantile Co.Idaho Supreme Court · 1933

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