Freedman v. Spicer Mfg. Corp.

• Decision Date: 09 February 1922
• Docket Number: No. 36.,36.
• Citation: 116 A. 427
• Parties: FREEDMAN v. SPICER MFG. CORPORATION.
• Court: New Jersey Supreme Court

116 A. 427

FREEDMAN

v. SPICER MFG. CORPORATION.

No. 36.

Court of Errors and Appeals of New Jersey.

Feb. 9, 1922.

Appeal from Supreme Court.

Petition by Nathan Freedman against the Spicer Manufacturing Corporation. Judgment for petitioner, and defendant appeals. Affirmed.

On appeal from the Supreme Court, in which the following per curiam was filed:

"The common pleas found the following facts: "(1) That the said Harry Freedman, who was 21 years of age, was on the 23d day of October, 1918, employed by Spicer Manufacturing Corporation, at South Plainfield, N. J., as a clerk in the production department.

"(2) That during the influenza epidemic in the fall of 1918, in an effort to check the spread of such disease, respondent obtained and administered through its company physician a vaccine to such of its employees as were willing to take the treatment, and also to the members of their families.

"(3) That on October 23, 1918, said Harry Freedman was invited, recommended, and induced by the respondent to accept such inoculation, and was inoculated at the plant along with the other men in his department; upon his returning to his desk after such inoculation, and as a result of the inoculation, he fainted and fell to the floor.

"(4) That, as a result of the fall, the deceased fractured his skull, and his death ensued on the following day as a result of said accident.

"(5) That the injury was caused by an accident on the 23d day of October, 1918, arising out of and in the course of the employment.

"We think this finding justified the judgment entered in favor of the petitioner. Let judgment be affirmed, with costs."

Clarence B. Tippett, of Jersey City, for appellant.

William Newcorn, of Plainfield, for respondent.

PER CURIAM. The judgment under review herein should be affirmed for the reasons expressed in the opinion of the Supreme Court.

For affirmance: The CHANCELLOR, the CHIEF JUSTICE, Justices TRENCHARD, BERGEN, MINTURN, KALISCH, KATZENBACH, Judges WHITE, WILLIAMS, GARDNER, ACKERSON, and VAN BUSKIRK.

For reversal: None.