Walther v. American Paper Co.
Supreme Court of New Jersey
On appeal from the Supreme Court. Proceeding under the Workmen’s Compensation act. The decedent was a night watchman in a mill. At nine p. m. he “was making a tour through the mill, recording his passage by ringing in or registering on his watchman’s clock, and while going from one station to another stopped to close a door opening from the mill to a loading platform adjacent to a railroad switch. This was a sliding exterior door hung on wheels or pulleys.
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On appeal from the Supreme Court. Proceeding under the Workmen’s Compensation act. The decedent was a night watchman in a mill. At nine p. m. he “was making a tour through the mill, recording his passage by ringing in or registering on his watchman’s clock, and while going from one station to another stopped to close a door opening from the mill to a loading platform adjacent to a railroad switch. This was a sliding exterior door hung on wheels or pulleys. As Walther leaned down against the handle of the door to roll it 'shut, he was struck upon the head with a club by a person who had…
1Per curiam
We think the death of Walther did not arise ont of his employment. The case cannot be distinguished in this respect from Hulley v. Moosbrugger, 88 N. J. L. 161. We ought to add that our opinion in that case had probably not been published when the present ease was decided by the judge of the Common Pleas. lie relied on the opinion of the Supreme Court in that case, the reversal of which could hardly have been known publicly at the time. The judgment is reversed.
For affirmance,—Mifturf, Kalesch, JJ. 2.
For reversal—The Cteafcellor, Chief Justice, Swayze, Parker, Bergen, White, Heprefheimer,…
2Cited by13 opinions
- January-Wood Company v. SchumacherCourt of Appeals of Kentucky (pre-1976) · 1929
- Continental Life Insurance v. GoughSupreme Court of Virginia · 1934
- Dean v. Stockham Pipe & Fittings Co.Supreme Court of Alabama · 1929
- State ex rel. Common School District No. 1 v. District Court of Itasca CountySupreme Court of Minnesota · 1918
- Marshall v. Baker-Vawter Co.Michigan Supreme Court · 1919
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