Micieli v. Erie Railroad Co.

The opinion of the court was delivered by

Perskie, J.

This is a workmen’s compensation case. N. J. S. A. 34:15 — 1, et seq. Broadly stated, the basic question for decision is whether the deceased employee died as the result of an accident arising out of and in the course of his employment. More specifically stated, the question for decision is whether the terms and conditions of the pass given to and accepted by decedent at the time of his employment and used by the decedent when he suffered fatal injuries while on his return from work to his home in one of prosecutor’s public passenger trains…