Weisenbach v. Borough of New Milford

The opinion of the court was delivered by

Heher, J.

On November 7th, 1941, one Thomas J. Weisenbaeh suffered a fatal stroke while in the pursuit of his service as a member of the volunteer fire department of the defendant municipality; and the question for decision is whether his dependents have established by evidence that his death was the result of an accident which arose out of and in the course of his employment within the intendment of R. S. 34:15-7, et seq. The Compensation Bureau resolved the issue in the affirmative; the Bergen Common Pleas, in the negative. The Bureau found that the…