Newark Paving Co. v. Klotz
Supreme Court of New Jersey
On certiorari to Essex Pleas. The following statement of facts is taken from prosecutor’s brief: “Klotz was one of a gang of men employed by the respondent to wheel stone and cement to a concrete mixer at work on Elizabeth avenue on the repavement of that street. He went to his work at seven o’clock in the morning, but when he arrived there, it was found that owing to the pipes of the concrete mixer having been frozen, no work could be done until this had been repaired.
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On certiorari to Essex Pleas. The following statement of facts is taken from prosecutor’s brief: “Klotz was one of a gang of men employed by the respondent to wheel stone and cement to a concrete mixer at work on Elizabeth avenue on the repavement of that street. He went to his work at seven o’clock in the morning, but when he arrived there, it was found that owing to the pipes of the concrete mixer having been frozen, no work could be done until this had been repaired. The men, therefore, could do nothing whatever, and about seven-forty, and at least an hour before the mixer was fixed so as…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
We think the evidence justified a finding that Klotz’s death was due to an accident arising out of and in the course of his employment. The case is /within the rule of Bryant v. Fissell, 55 Vroom 72.
The question of the effect of the release of the street railway company is more troublesome. The defendant appeals to the rule established in Weber v. Morris and Essex Railroad Co., 6 Vroom 409; 7 Id. 213, and in Monmouth County Fire Insurance Co. v. Hutchinson et al., 6 C. E. Gr. 107. It is true that the present defendant is not an insurer, but…
2Cases cited2 opinions
- Bryant v. FissellSupreme Court of New Jersey · 1913
- New York Shipbuilding Co. v. BuchananSupreme Court of New Jersey · 1913
3Cited by36 opinions
- Gussie Fox v. Dallas Hotel Co.Texas Supreme Court · 1922
- Geneva Construction Co. v. Martin Transfer & Storage Co.Illinois Supreme Court · 1954
- Crab Orchard Improvement Co. v. Chesapeake & O. Ry. Co.Court of Appeals for the Fourth Circuit · 1940
- Frazier v. New Jersey Manufacturers InsuranceSupreme Court of New Jersey · 1995
- Trumbull Cliffs Furnace Co. v. ShachovskyOhio Supreme Court · 1924
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