Lawson v. Sage

Decision Date21 January 1943
Docket Number37/380.
PartiesLAWSON v. SAGE et ux.
CourtNew Jersey Court of Common Pleas

Appeal from Workmen's Compensation Bureau.

Proceedings under the Employer's Liability Act by Alice Lawson, employee, opposed by Mr. and Mrs. William Sage, employers. From a decision of the Workmen's Compensation Bureau awarding compensation, the employers appeal.

Decision reversed.

Thomas F. Shebell, of Asbury Park, for petitioner-appellee.

Durand, Ivins & Carton, of Asbury Park (Robert V. Carton, of Asbury Park, of counsel), for respondents-appellants.

GIORDANO, Judge.

The subject matter of this appeal is one which emanates from the Employers' Liability Act, N.J.S.A. 34:15-1 et seq. The petitioner alleges in her petition that she was employed by the respondents as a domestic servant at a weekly wage of $9.50, together with meals and that while being transported from her place of employment to her home, at 1031 Embury Avenue, Neptune, New Jersey, in respondent's automobile, a collision occurred between respondent's automobile and another car, at the intersection of Comstock Street and Third Avenue, in the City of Asbury Park, New Jersey, and as a result of the collision she received injuries to her head, neck and back; and that as a consequence of said injuries received on July 24, 1941, she is entitled to workmen's compensation, claiming that the injuries received by her while being to transported arose out of and in the course of her employment.

The point at issue in this appeal is purely one of fact and the query is: Did the accident arise out of and during the course of her employment with the respondents? The result of the hearing in the Workmen's Compensation Bureau was a finding and determination that the petitioner had sustained the injuries complained of; that they arose out of and in the course of her employment, and that she was entitled to a sum for temporary and permanent disability.

The petitioner relies upon her contract of hire, which she alleges was to the effect that in addition to her wages and meals for one half day's work each day of the week except Thursday, on which day she was to work a full day, that she was to be transported from her home in Neptune to the respondents' home, where her employment was, and that this contract of hire, according to petitioner, was made between the petitioner and Mrs. William Sage, Jr., one of the respondents.

The respondent, Mrs. William Sage, Jr. denies having had any conversation with the petitioner concerning her hire, which is in direct contradiction to that which the petitioner alleges. Mrs. Sage admits, however, that after the illness of Mr. William Sage, Jr., which occurred about July 10, 1941, a faithful and long-time employee, Manson Johnson, was authorized to engage the services of extra help and to make what arrangements he saw fit in the engagement of such extra help. The testimony of Manson Johnson, who acted as a chauffeur, butler and general handy man around the house, is to the effect that he engaged the petitioner's services and not Mrs. Sage, as testified to by the petitioner. Johnson further states in his testimony that he did not at any time promise to transport the petitioner from and to her home and that the matter of transportation was not part of the agreement of hire. The witness, Johnson, frankly admits, however, that he picked the petitioner up at her home on at least two occasions during the two weeks that she was employed, but that his act in doing so was merely one of kindness and because of his friendship for the petitioner.

It is also disclosed by the testimony, and undenied, that on one...

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