Gargano v. Essex County News Co.
| Citation | 29 A.2d 879,129 N.J.L. 369 |
| Decision Date | 26 January 1943 |
| Docket Number | No. 209.,209. |
| Parties | GARGANO v. ESSEX COUNTY NEWS CO. |
| Court | United States State Supreme Court (New Jersey) |
Proceeding under the Workmen's Compensation Act by Anthony Gargano, employee, opposed by the Essex County News Company, employer. To review a judgment reversing the determination of the Workmen's Compensation Bureau and awarding compensation, the employer brings certiorari.
Judgment affirmed.
October term, 1942, before CASE, DONGES, and COLIE, JJ.
Henry M. Grosman, and Isidor Kalisch, both of Newark, for prosecutor.
Xavier Del Negro, of Newark, for defendant.
This writ of certiorari brings up a judgment of the Essex County Court of Common Pleas in a workman's compensation case. The Common Pleas reversed the determination of the bureau and awarded compensation in accordance with the prayer of the petition. The controversy revolves around the question of whether or not the incident from which the petitioner-defendant's injuries resulted constituted an accident arising out of and in the course of his employment by the prosecutor.
Prosecutor was engaged in the business of distributing newspapers in and about the City of Newark and employed the defendant for that purpose. On the morning of Sunday, December 1, 1940, defendant was engaged in his regular activities and at about 2 A.M. left the place of business of the prosecutor to make a collection of money from a news stand a short distance away. He walked along Halsey Street, and while at a point near the intersection of that street with Hill street, he was accosted by five men. They threw a coat over his head, beat him and eventually one of them stabbed him in the chest. That a severe lung injury and permanent disability resulted from the stabbing is not denied.
The Bureau held that there was insufficient evidence to show an attempted robbery or that the injuries were sustained in the defense of the prosecutor's property. The Court of Common Pleas held that the evidence was sufficient to sustain a finding of an assault committed with the intent to rob, and further that, whether there was an attempted robbery or not, the incident grew out of his employment and constituted an accident arising out of and in the course of such employment.
We concur in the holding of the Common Pleas and think that the case is controlled by the reasoning of the recent case of Geltman v. Reliable Linen & Supply Co., 128 N.J.L. 443, 25 A.2d 894. There the workman was driving his automobile in and about his master's business when he became involved in an altercation with the driver of another car about the manner of their driving. A threat of assault by the other driver induced a...
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...Generally, criminal assaults by fellow employees or even by third parties are compensable in this State. Gargano v. Essex County News Co., 129 N.J.L. 369, 29 A.2d 879 (Sup.Ct.1943); Giracelli v. Franklin Cleaners & Dyers, Inc., above, 132 N.J.L. 590, 42 A.2d 3 (Sup.Ct.1945); Sanders v. Jark......
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...512, 520, 6 A.2d 396; Geltman v. Reliable Linen & Supply Co., 128 N.J.L. 443, 25 A.2d 894, 139 A.L.R. 1465; Gargano v. Essex County News Co., 129 N.J.L. 369, 29 A.2d 879, affirmed 130 N.J.L. 559, 33 A.2d 905; Giracelli v. Franklin Cleaners & Dyers, Inc., 132 N.J.L. 590, 42 A.2d 3. 2. In sup......
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