Greene v. Watson Flagg Mach. Co. Inc.

• Decision Date: 22 January 1947
• Docket Number: C. P. A. 6602.
• Citation: 51 A.2d 121
• Parties: GREENE v. WATSON FLAGG MACH. CO., Inc.
• Court: New Jersey Department of Labor-Workmen's Compensation Bureau

51 A.2d 121

GREENE

v.WATSON FLAGG MACH. CO., Inc.

C. P. A. 6602.

New Jersey Department of Labor, Workmen's Compensation Bureau.

Jan. 22, 1947.

Proceeding for workman's compensation by Frank H. Greene, petitioner, opposed by Watson Flagg Machine Company, Inc., employer.

Rule for judgment for petitioner in accordance with opinion.

This is a proceeding brought by the petitioner, Frank H. Greene, against Watson Flagg Machine Company, Inc., respondent, seeking compensation under and by virtue of the provisions of Revised Statutes of 1937, 34:15-1 et seq., N.J.S.A., ‘prescribing the liability of an employer to make compensation for injuries received in the course of employment, establishing an elective schedule of compensation and regulating procedure for the determination of liability and compensation thereunder,’ together with the several acts amendatory thereof and supplemental thereto.

A petition and an answer thereto were duly filed with the Secretary of the Workmen's Compensation Bureau at his office in Trenton, New Jersey. In regular course the cause came on for trial before me, John J. Stahl, a deputy Commissioner of Compensation, at the Bureau Chambers, 158 Ellison Street, Paterson, New Jersey.

Aaron Gordon, of Jersey City, for petitioner.

George E. Meredith, of Trenton (Edward M. LaMar, of Trenton, of counsel), for respondent.

JOHN J. STAHL, Deputy Commissioner.

The vital question in controversy is whether an assault by horseplay and skylarking under certain conditions constitutes an injury by accident arising out of and in the course of employment within the purview of the Statute.

The petitioner testified that a certain employee, Fleetwood, was a habitual perpetrator and prankster of various acts of horseplay, directed against anyone who might be within his reach; and that he observed Fleetwood on many occasions indulging in these peculiar acts. He further testified that on March 5, 1945, he left the stock department where he worked to go to the receiving department to obtain some object or article and, while he was going down the aisle walking toward the receiving department, he was struck in the eye by a missile thrown by Fleetwood. Following this episode, Fleetwood was discharged by the respondent from its employ. There was testimony adduced on behalf of the petitioner by two former employees, Frederick Hasenbalg and Herbert N. Bruce, and their testimony seems to give substance and corroboration to the testimony of the petitioner in that this employee, Fleetwood, was the ‘funny boy’ who freely engaged in sportive acts as a matter of daily routine.

On behalf of the respondent there was testimony of Bruno Olivo, Foreman, and Evelyn Savage, Group leader, both of whom testified that they knew of some of Fleetwood's acts of horseplay, but not to the extent that the other witnesses testified to. Olivo admitted that...