Dodge v. & Sons
| Decision Date | 01 June 1948 |
| Docket Number | No. 254.,254. |
| Citation | 59 A.2d 257,137 N.J.L. 212 |
| Parties | DODGE v. JOHN D. CRANE & SONS et al. |
| Court | New Jersey Supreme Court |
Proceeding under Workmen's Compensation Act by William A. Dodge, claimant, opposed by John D. Crane and Sons, a corporation, employer, and the Fidelity and Casualty Company of New York, insurance carrier. To review an award of the Workmen's Compensation Bureau granting compensation, the employer and insurance carrier bring certiorari.
Award affirmed.
Syllabus by the Court.
The proofs in this case examined sustain a finding of injuries by reason of an accident arising out of and in the course of the employment.
May term, 1948, before BODINE, HEHER and WACHENFELD, JJ.
Walter H. Jones, of Hackensack, and Walter R. Hespe, of Ridgefield Park, for prosecutors.
David Roskein, of Newark, and John A. Laird, of Hoboken, for defendant.
William A. Dodge was awarded compensation on the Bureau. The employer and the insurance earrier hold a writ to review the action of the Bureau.
The last heart seizure, the result of unduly strenuous exercise, occurred in the state of New York. No appeal was taken to the court of Common Pleas. R.S. 34:15-66, as amended, N.J.S.A. 34:15-66. Application was directly made to the Supreme Court for certiorari which was granted. We do not think we are concerned with anything save the occurrence of June 21, 1946.
Mr. Dodge is an assistant embalmer funeral director. At the time of the occurrence, he was about sixty years of age. In the course of his duties on the morning he sustained his injuries, he helped to place a mahogany coffin, containing a body, in a wooden shipping box and drove it to the Grand Central station in New York for shipment of Maine. The combined weight of the body, casket and pine box was between four and five hundred pounds. He pulled the box containing the casket far enough out for the railroad employees to reach the handles on both sides. It was then lowered to a truck for dispatch to the train upon which it was to be carried to its ultimate destination. The distance between the receiving platform and the Grand Central station ticket office, to which he had to go, is great. He felt nausea after he had completed his work and went to a drug store. He then returned to the hearse in order to drive it back to his employer's place of business. He felt pain again while in Lyndhurst and stopped the hearse and sat on the running board until he was somewhat relieved. when he...
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