Martin v. Western Elec. Co., A--287

• Decision Date: 01 August 1950
• Docket Number: No. A--287,A--287
• Citation: 9 N.J.Super. 89,74 A.2d 905
• Parties: MARTIN v. WESTERN ELECTRIC CO., Inc.
• Court: New Jersey Superior Court — Appellate Division

Page 89

9 N.J.Super. 89

74 A.2d 905

MARTIN v. WESTERN ELECTRIC CO., Inc.

No. A--287.

Superior Court of New Jersey, Appellate Division.

Argued July 24, 1950.

Decided Aug. 1, 1950.

John A. Laird, Newark, argued the cause for the petitioner-appellant (Robert Scherling, Newark, attorney).

Arthur F. Mead, Newark, argued the cause for the respondent (Cox & Walburg, Newark, attorneys).

Before Judges McGEEHAN, COLIE and EASTWOOD.

The opinion of the court was delivered by

EASTWOOD, J.A.D.

The only issue is whether petitioner suffered a compensable injury. The Workmen's Compensation Bureau and the Essex County Court, on appeal, dismissed his petition.

The alleged accident occurred on September 16, 1947, while Martin was operating what is called 'the coal drag' or 'bucket'. It consisted of a long cable and attached thereto is a bucket. One end of the cable is attached to a drum on a machine which revolves one way and the other end to a drum on the machine which revolves in the opposite direction. A twenty-five horse power electric motor is located between the drum. Attached to the motor is a fiber composition friction wheel. Between this wheel on the motor and the cylinder of each drum, there is a clearance of about 20/1000 of an inch. The machine is operated by means of a lever, having a mechanical advantage or leverage of 1500 to 1, which goes down through a slot in the floor of the tower to the machine about twenty feet below. The extreme range of motion of the lever is controlled by each end of the slot in the floor. The lever has three operating positions, forward, neutral and reverse. The machinery in question was used to move coal from one location to another. Martin had operated it on numerous previous occasions. On the day in question, he testified that at the beginning of his morning's work the lever was 'kind of stiff', as it is sometimes in the morning until the machine gets warmed up; that in building 'your pile of coal up in order to carry your bucket over and we generally leave a pile of coal at the end of the pile in order to keep the bucket on top of the pile. And this particular morning I missed my judgment a little bit and I let it go a little too far * * * and when she went over * * * the pile of coal * * * I had to use all my effort and strength and weight to get the bucket back * * *' and 'when I jerked it to try to get it back up I felt the pain shoot across my chest.' No one was present when the alleged accident occurred. It is conceded that at the time in question, Martin suffered a heart attack, as a result of which he was hospitalized and confined to his home for a considerable period of time thereafter. The medical testimony is in conflict as to the cause of the coronary thrombosis. There was no proof that there was any mechanical defect in any part of the equipment; in fact, it was operated subsequently the same day. When any mechanical difficulty with the...