Winter v. Atkinson-Frizelle Co.
Supreme Court of New Jersey
On appeal from the Supreme Court. The judgment oE the Pleas was affirmed by «the Supreme Court, in which the following opinion was filed: ' ’ “Per-curiam.—-The trial court found that the deceased came to his death as the result of an accident arising out of arid in the course of his employment. The only question is-whether this finding is justified by the evidence, and we think that it was.
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On appeal from the Supreme Court. The judgment oE the Pleas was affirmed by «the Supreme Court, in which the following opinion was filed: ' ’ “Per-curiam.—-The trial court found that the deceased came to his death as the result of an accident arising out of arid in the course of his employment. The only question is-whether this finding is justified by the evidence, and we think that it was. There were two accidents, or occurrences, one in October, when deceased fell into an excavation and sustained bruises of the chest and ribs; the second, in November, when he fell dead while doing some…
1Per curiam
Judge Tennant, in the Pleas, after an exhaustive review of the English cases applicable to the proceeding before him, regarded as one in which the decedent’s death resulted solely from a strain incurred in the course of his employment on November 18th, found from the testimony that such was the fact. This is the only conclusion that can be drawn from his opinion as a whole, although the finding is not- stated as such in so many words.
*403The Supreme Court’s reference to this state of facts as a theory is somewhat misleading; it was so treated in the opinion of Judge Tennant in his discussion of…
2Cited by17 opinions
- Texas Employers' Ins. Ass'n v. ParrTexas Commission of Appeals · 1930
- In re BowersIndiana Court of Appeals · 1917
- Giguere v. E. B. & A. C. Whiting Co.Supreme Court of Vermont · 1935
- Hanson v. DickinsonSupreme Court of Iowa · 1920
- Bernstein Furniture Co. v. KellySupreme Court of New Jersey · 1935
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