Jones v. Court of Common Pleas of Essex County
| Citation | 28 A.2d 96,129 N.J.L. 58 |
| Decision Date | 18 September 1942 |
| Docket Number | No. 38.,38. |
| Parties | JONES v. COURT OF COMMON PLEAS OF ESSEX COUNTY et al. |
| Court | United States State Supreme Court (New Jersey) |
Appeal from Supreme Court.
Proceeding under the Workmen's Compensation Act by Minnie Jones, claimant, for the death of her husband, opposed by Newark Terminal and Transportation Company, employer. From a judgment of the Supreme Court, 128 N.J.L. 190, 24 A.2d 564, affirming a judgment of the Court of Common Pleas of Essex County dismissing the petition after an award of the Workmen's Compensation Bureau in favor of claimant, she appeals.
Affirmed.
George A. Henderson and Charles E. McCraith, Jr., both of Newark, for appellant.
Clarence B. Tippett, of New York City, for respondents.
The case presents merely a question of fact whether the death of the employee was or was not due to an accident in the course of the employment. The Bureau held that it was so due. The Common Pleas Court reversed this finding and the Supreme Court affirmed the judgment of the Pleas.
It is settled in this class of cases that, where the judgment of the Supreme Court on the facts is supported by proper evidence, this court will not reverse its findings. Kohn v. Tilt, 103 N.J.L. 110, 134 A. 658; Angelotti v. Town of Montclair, 109 N.J.L. 360, 162 A. 565; Ford Motor Co. v. Fernandez et al., 114 N.J.L. 202, 176 A. 152.
The judgment will be affirmed.
For affirmance: The CHANCELLOR, Justices PARKER, BODINE, DONGES, PERSKIE, PORTER, and COLIE, and Judges DEAR, WELLS, RAFFERTY, HAGUE, and THOMPSON—12.
For reversal: None.
To continue reading
Request your trial
-
Ducasse v. Walworth Mfg. Co.
...533, 6 A.2d 213; Jones v. Newark Terminal & Transportation Co., 128 N.J.L. 190, 24 A.2d 564, affirmed Jones v. Court of Common Pleas of Essex County, 129 N.J.L. 58, 28 A.2d 96; Marshall v. C. F. Mueller Co., 135 N.J.L. 75, 50 A.2d 158; Serignese v. Air Reduction Sales Co., 135 N.J.L. 317, 5......
-
Cole v. I. Lewis Cigar Mfg. Co.
...& A.1926) and Jones v. Newark Terminal & Transp. Co., 128 N.J.L. 190, 24 A.2d 564 (Sup.Ct.1942), affirmed Jones v. Court of Common Pleas, 129 N.J.L. 58, 28 A.2d 96 (E. & A.1942), which are quoted by the appellant for the proposition that “the law does not proceed to judgment on pure surmise......
-
Walker v. Igoe Bros. Inc.
...the very recent case of Jones v. Newark Terminal & Transp. Co., 128 N.J.L. 190, 24 A.2d 564, 566, affirmed Jones v. Court of Common Pleas of Essex County, 129 N.J.L. 58, 28 A.2d 96. The facts in that case are strikingly similar. There the employee suffered an accident which caused a lacerat......
-
Giambattista v. Thomas A. Edison, Inc.
...v. Newark Terminal and Transportation Co., 128 N.J.L. 190, 24 A.2d 564 (Sup.Ct.1942), affirmed, Jones v. Court of Common Pleas of Essex County, 129 N.J.L. 58, 28 A.2d 96 (E. & A.1942); Globerman v. Lewis Steel Products Co., 134 N.J.L. 449, 48 A.2d 795 Accordingly, it is the conclusion of th......