Fire Commissioners of Fire District No. 2 v. Morris

• Court: New Jersey Supreme Court
• Writing for the Court: Per Curiam.
• Citation: Fire Commissioners of Fire District No. 2 v. Morris, 170 A. 221, 12 N.J.Misc. 153 (N.J. 1934)
• Decision Date: 26 January 1934
• Docket Number: No. 232.,232.
• Parties: FIRE COMMISSIONERS OF FIRE DISTRICT No. 2, OF TOWNSHIP OF MOORESTOWN, NEW JERSEY, PROSECUTOR, v. WILHELMINA A. MORRIS, RESPONDENT

170 A. 221

FIRE COM'RS OF FIRE DIST. NO. 2 OF MOORESTOYVN TP.

v. MORRIS.

No. 232.

Supreme Court of New Jersey.

Jan. 26, 1934.

Proceeding under the Workmen's Compensation Act by Wilhelmina A. Morris for the death of her husband, Joseph H. Morris, claimant, opposed by the Fire Commissioners of Fire District No. 2 of Moorestown Township, N. J., employer. Judgment affirming award of compensation by Workmen's Compensation Bureau, and employer brings certiorari.

Affirmed.

Carr & Carroll, of Camden, for prosecutor.

A. M. Stackhouse and Louis B. LeDuc, both of Camdeu, for respondent.

Argued October term, 1933, before PARKER, LLOYD, and PERSKIE, JJ.

PER CURIAM.

The writ is to review a judgment of the common pleas court of Burlington county which affirmed a finding of the Workmen's Compensation Bureau. The judgment was in favor of the employee and the employer has the writ. Substantially the only reason, variously phrased, for reversal is that the death of Joseph H. Morris, husband of the petitioner, did not arise out of and in the course of his employment.

Morris was a member of the volunteer fire department of the township of Moorestown and up to the time of his death was in apparent good health, although of overweight He was forty-eight years of age. On the evening of the 7th of March, 1932, the fire alarm signal sounded and Morris, having just eaten a hearty dinner, ran rapidly from his home to the firehouse, a distance of four hundred yards. On arriving at the fire house, and while attempting to start the fire engine, he...