Mountain Ice Co. v. Durkin
| Decision Date | 14 October 1929 |
| Docket Number | No. 104.,104. |
| Citation | 147 A. 451 |
| Parties | MOUNTAIN ICE CO. v. DURKIN et al. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Appeal from Supreme Court.
Certiorari by the Mountain Ice Company to review a judgment of the court of common pleas, affirming an award in the Workmen's Compensation Bureau to Margaret Durkin and others, as survivors of Martin Durkin, deceased. The award was affirmed by the Supreme Court (144 A. 6, 6 N. J. Misc. Rep. 1111), and the prosecutor appeals. Affirmed.
Emile Neblo, of Hoboken, for appellant.
Coult, Satz & Tomlinson, of Newark, for respondent.
The judgment under review herein should be affirmed, for the reasons expressed in the opinion of the Supreme Court, reported in 144 A. 6, 6 N. J. Misc. R. 1111.
Although in the Supreme Court the question was raised that Margaret Durkin in her petition included the names of three dependent infant children, and defendant contends that as the judgment awarded them compensation, and that as they were not parties to the proceeding, either individually or by guardian, guardian ad litem, or next friend, as required by the statute, the judgment in favor of the infants was void, and that the Supreme Court did not notice the question in its deliverance. And the question was not noticed.
The plaintiff answers this contention by asserting that defendant confuses the procedure outlined by the statute in cases where an infant files a petition on his own behalf (by a proper representative), and those cases where petition is filed by a widow for herself and her dependent infant children, and that in this case the award was made to the widow as compensation and for support of her dependent infant children until they should arrive at the age of 16 years, which latter provision in the judgment is unwarranted in the state of the pleadings.
The Workmen's Compensation Act provides in section 12 (2 Comp. St. Cum. Supp. 1924, p. 3876, § 236—12) that, in case of death, compensation shall be made to dependents, and that they shall include, among others, wife and children, and that If, at the expiration of 300 weeks (for which compensation shall be awarded to the dependents), there shall be no one or more dependents under sixteen years of age, compensation shall be continued to them until they arrive at the age, and that payment on behalf of infants shall be made to the surviving parent, if any, or to the statutory or testamentary guardian.
If the decedent had left no...
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Reynolds v. Passaic Valley Sewerage Com'rs
... ... In Mountain Ice Co. v. Durkin, 144 A. 6, 6 N.J.Misc. 1111; Id., 105 N.J.L. 636, 147 A. 451, the Court held the injuries from a fall from a 35-foot platform, ... ...
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... ... Erie R.R. Co., 85 N.J.L. 129, 89 A. 248 (Sup.Ct.1914), affirmed 86 N.J.L. 695, 92 A. 1087 (E. & A.1914); Mountain Ice Co. v. Durkin, 144 A. 6, 6 N.J.Misc. 1111 (Sup.Ct.1928), affirmed 105 N.J.L. 636, 147 A. 451 (E. & A.1929); DeFazio's Estate v. Goldschmidt etc ... ...
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... ... 406), and in view of such cases as Pearson v. Armstrong Cork Co., 6 N.J.Misc. 976, 143 A. 449; Mountain Ice Co. v. Durkin, 6 N.J.Misc. 1111, 144 A. 6, affirmed 105 N.J.L. 636, 147 A. 451; Voight v. McEwan Bros., 13 N.J.Misc. 587, 179 A. 850, affirmed ... ...