Smolenski v. Eastern Coal Dock Co.
Supreme Court of New Jersey
On certiorari to the Middlesex Pleas. This is a workmen’s compensation case. The only question is the amount of the compensation. The decedent was paid by the hour. At the time of the injury he was employed as a car rider at twenty-five cents an hour. At other times he earned twenty, twenty-two and thirty-three cents an hour.
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On certiorari to the Middlesex Pleas. This is a workmen’s compensation case. The only question is the amount of the compensation. The decedent was paid by the hour. At the time of the injury he was employed as a car rider at twenty-five cents an hour. At other times he earned twenty, twenty-two and thirty-three cents an hour. The number of hours he actually worked from June 22d, 1913, to-the date of the accident, December 11th, 1913, was one thousand one hundred and thirty-nine, at twenty, twenty-five and thirty-three cents, and forty-one and one-half hours at twenty-two cents. He actually…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
The statute enacts (Pamph. L. 1913, p. 313) that the term "wages” shall be construed to mean the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident; that where the rate of wages is fixed by the output of the employe, his weekly wages shall be taken to be six times his average daily earnings for a working day of ordinary length, excluding *28overtime; and that this rate of weekly wages shall he calculated by dividing the total value of the employe’s output during the actual…
2Cited by9 opinions
- Carlson v. Condon-Kiewit Co.Nebraska Supreme Court · 1939
- Texas Employers' Ins. Ass'n v. HamiltonCourt of Appeals of Texas · 1936
- County Coal Co. v. BushSupreme Court of Alabama · 1926
- Engelbretson v. American StoresNew Jersey Superior Court Appellate Division · 1957
- Glancy Malleable Iron Co. v. Industrial CommissionWisconsin Supreme Court · 1935
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