Bobertz v. Bd. Of Educ. Of Hillside Tp.

• Citation: 52 A.2d 827,135 N.J.L. 555
• Decision Date: 15 May 1947
• Docket Number: No. 15.,15.
• Parties: BOBERTZ v. BOARD OF EDUCATION OF HILLSIDE TP. et al.
• Court: New Jersey Supreme Court

135 N.J.L. 555

52 A.2d 827

BOBERTZ

v.BOARD OF EDUCATION OF HILLSIDE TP. et al.

No. 15.

Court of Errors and Appeals of New Jersey.

May 15, 1947.

Appeal from Supreme Court.

Proceedings under the Workmen's Compensation Act by L. Cecelia Bobertz, claimant, opposed by the Board of Education of the Township of Hillside, County of Union, State of New Jersey, employer. A determination of the Workmen's Compensation Bureau awarding compensation was affirmed by the Court of Common Pleas, and by the Supreme Court, 134 N.J.L. 444, 48 A.2d 847, and the employer appeals.

Reversed.

Milton A. Feller and Peter L. Hughes, Jr., both of Elizabeth, for respondent.

Wilbur A. Stevens and Cox & Walburg, all of Newark (Arthur F. Mead, of Newark, of counsel), for appellant.

COLIE, Justice.

This is an appeal in a workmen's compensation case in which the Bureau, the Court of Common Pleas and the Supreme Court found that the employee, Cecelia Bobertz, sustained an accident arising out of and in the course of her employment. The facts as found by the Supreme Court are as follows:

‘For approximately eight years the respondent was employed as a teacher by the prosecutor, Hillside Board of Education. In addition to her duties of teaching, she served as faculty advisor for the Junior Girls Reserve Club, which was composed of student members of the school. Like all other teachers of that school system, she was required to assume and perform extracurricular activities. Opportunity was afforded the teachers to select a particular activity, but upon failure to do so, an activity was assigned to them. Respondent selected this duty, which required her to attend all meetings of the club held at the school or elsewhere. If she refused to perform these extra duties, her rating and standing as a teacher would be adversely affected. It would also be considered in making promotions and fixing salary increases.

‘The importance of this particular extracurricular work is further indicated by the fact that when these meetings interfered with the teaching of regular classes, the principal of the school took over the classes in order that the teacher could attend the meeting assigned to her.

‘On December 21, 1943, the respondent, as such faculty adviser, attended a meeting and Christmas party of the Junior Girls Reserve Club of Hillside at the Y.W.C.A. in Elizabeth. Upon termination of the party somewhat after 9:30 p. m. she walked to the corner of East Jersey Street and Madison Avenue, which is one-half block from the Y. W. C. A., to her parked car. She unlocked the door opposite the driver's seat, slid over behind the steering wheel, put on the lights, and started the motor. She was then struck on the head from the rear by someone in the back of the car, who immediately ran away. (Although both the Bureau and the Court below found that the unknown assailant seized and took away her handbag, there is no testimony to that effect in the record, and for the purpose of this review that fact will be disregarded.) She ran for help and was then...