Allen v. City of Millville
Supreme Court of New Jersey
On certiorari to the Cumberland Pleas. • This is a proceeding under the Workmen’s Compensation act. Allen was employed by the city on street work. Kates was director of streets and public improvements of the city. In his private capacity he owned and employed teams on different kinds of work, but none of them were employed by or for the city'' of Millville. In his employ was a driver, Robert Chambers, who, on the morning of the accident, was carting freight for Kates.
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On certiorari to the Cumberland Pleas. • This is a proceeding under the Workmen’s Compensation act. Allen was employed by the city on street work. Kates was director of streets and public improvements of the city. In his private capacity he owned and employed teams on different kinds of work, but none of them were employed by or for the city'' of Millville. In his employ was a driver, Robert Chambers, who, on the morning of the accident, was carting freight for Kates. Albert Thompson was an employe of the city who, by the direction of Kates, was to get certain planking and lay it on top of…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
We think the evidence justified the finding by the trial judge that the accident arose out of and in the course of the employment. The question whether the city can be said to have had actual knowledge of the occurrence of the injury is difficult. The words must mean something different from mere notice, since section 16 of the statute makes special provision for the service of notice in language that can only be satisfied by written notice, and this notice is the “notice referred to” which can mean only the notice mentioned in section 15.…
2Cases cited1 opinion
- Hunter v. City of PittsburghSupreme Court of the United States · 1907
3Cited by24 opinions
- Hornbrook-Price Co. v. StewartIndiana Court of Appeals · 1918
- Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
- American Radiator Co. v. AndinoSupreme Court of Alabama · 1928
- Franks v. CarpenterSupreme Court of Iowa · 1922
- Bartlett's CaseSupreme Judicial Court of Maine · 1926
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