Devlin v. Surgent

The opinion of the court was delivered bjr

Wachenfeld, J.

Eward L. Devlin, on December 17, 1951 and prior thereto, was employed by the Holy Sepulchre Cemeteiy in Totawa, New Jersey, as a laborer and truck driver. On the morning of that day, he reported for work in the normal course of his employment and began his duties of driving a truck with a co-employee, Mike Karchko, who was his helper. Sometime between 9:30 and 10 o’clock in the morning he parked the truck near a rest room on the cemetery property and informed Karchko that he intended to avail himself of its facilities and would return in…