Complitano v. Steel & Alloy Tank Co.

Decision Date20 March 1961
Docket NumberNo. A--94,A--94
Citation34 N.J. 300,168 A.2d 809
PartiesDominick COMPLITANO, Petitioner-Appellant, v. STEEL & ALLOY TANK, CO., Respondent-Respondent.
CourtNew Jersey Supreme Court

Louis C. Jacobson, Newark, for appellant.

Isidor Kalisch, Newark, for respondent.

PER CURIAM.

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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19 cases
  • Detlefs v. Town of Westfield
    • United States
    • New Jersey Superior Court — Appellate Division
    • February 18, 1969
    ...scope of that permission. Cf. Yurochko v. Beckley Perforating Co., 61 N.J.Super. 1, 160 A.2d 173 (App.Div.1960); Tocci v. Tessler & Weiss, Inc., 28 N.J. 582, 147 A.2d 783 (1959); 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)
    • United States
    • Pennsylvania Commonwealth Court
    • January 26, 1988
    ...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.
    • United States
    • New Jersey County Court
    • April 12, 1962
    ...(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); Complitano v. Steel & Alloy Tank Co., 34 N.J. 300, 168 A.2d 809 (1961), reversing 63 N.J.Super. 444, 164 A.2d 792 Although the evidence does not indicate the actual reason why the vehicle operated by the deceased struck the parked vehicle, one...
  • Barbarise v. Overlook Hospital Ass'n
    • United States
    • New Jersey County Court
    • June 25, 1965
    ...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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