Complitano v. Steel & Alloy Tank Co.
Decision Date | 20 March 1961 |
Docket Number | No. A--94,A--94 |
Citation | 34 N.J. 300,168 A.2d 809 |
Parties | Dominick COMPLITANO, Petitioner-Appellant, v. STEEL & ALLOY TANK, CO., Respondent-Respondent. |
Court | New Jersey Supreme Court |
Louis C. Jacobson, Newark, for appellant.
Isidor Kalisch, Newark, for respondent.
The judgment is reversed for the reasons expressed in the dissenting opinion of Judge Conford in the Appellate Division.
HALL and HANEMAN, JJ., vote to affirm the judgment for the reasons expressed in the majority opinion of Judge Foley.
For reversal: Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, PROCTOR and SCHETTINO--5.
For affirmance: Justices HALL and HANEMAN--2.
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Complitano v. Steel & Alloy Tank Co., 34 N.J. 300, 168 A.2d 809 (1961). II We hold that it was proper for Detlefs to file the petition for The carrier's argument may be summarized as follows: N.J.S.A. 34:15--43 bars Detlefs from all workmen's compensation benefits, citing Reinhold... -
Scott v. W.C.A.B. (Packaging Corp. of America)
...Commission, 61 Ill.2d 139, 334 N.E.2d 136 (1975) (injury in company-sponsored softball game where employer supplied equipment and paid fees and otherwise supported this athletic activity);
Complitano v. Steel & Alloy Tank Co., 34 N.J. 300, 168 A.2d 809 (1961)(injury in industrial league softball game, after hours on public playground--employer paid entrance fee and furnished equipment and uniforms carrying company name); Zengotita v. N.Y. Telephone Co., 58 A.D.2d 930, 396 N.Y.S.2d... -
O'Regan v. New Jersey Hardware Co.
...(App.Div.1950); Harrison v. Stanton, 26 N.J.Super. 194, 97 A.2d 687 (App.Div.1953), affirmed 14 N.J. 172, 101 A.2d 554 (1953); Du Charme v. Columbia Engineering Co., 31 N.J.Super. 167, 106 A.2d 23 (App.Div.1954);
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Barbarise v. Overlook Hospital Ass'n
...equipment, were held compeansable as 'arising out of and in the course of the employment.' An award to an employee who was injured while playing softball in an industrial league after working hours was approved in
Complitano v. Steel & Alloy Tank Co., 34 N.J. 300, 168 A.2d 809 (1961). The rationale of recovery in the cited case was described by Mr. Justice Schettino in Cuna v. Board of Fire Commissioners, Avenel, supra, 42 N.J. 292, 200 A.2d 313, in the following 'The rationale...
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