Henry Steers, Inc. v. Dunnewald
Supreme Court of New Jersey
On certiorari to Hudson Picas. The facts arc thus stated in the findings of the trial judge: “On the 13th day of April, 1912, Dunnewald was employed by Hemv Steers, Incorporated, the defendant, in the reconstruction of a drawbridge over the Hackensack river. The work was peculiarly hazardous.
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On certiorari to Hudson Picas. The facts arc thus stated in the findings of the trial judge: “On the 13th day of April, 1912, Dunnewald was employed by Hemv Steers, Incorporated, the defendant, in the reconstruction of a drawbridge over the Hackensack river. The work was peculiarly hazardous. In order to approach the place where the deceased was employed it became necessary to walk over a trestle running out. into the Hackensack river, and it became necessary to pass over a derrick and some other temporary constructions. The deceased worked all day on the 13th day of April. The work was so…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
There is no finding that the death of the decedent was by accident, nor that it arose out of and in the course of his employment. All these facts are essential to recovery. Pamph. L. 1911, p. 136, § 2, pl. 7. The learned judge did not even find how decedent met his death; he said he -was warranted in finding that it was either by falling through the trestle, the approach to the new construction work, or from the derrick on his way from the mainland to the work. He does not determine which.
We do not, however, desire to deprive the plaintiff of…
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