Passafiume v. H. T. Hynds, Inc.
| Decision Date | 03 February 1942 |
| Docket Number | No. 225.,225. |
| Citation | 128 N.J.L. 27,24 A.2d 394 |
| Parties | PASSAFIUME v. H. T. HYNDS, Inc. |
| Court | New Jersey Supreme Court |
Syllabus by the Court.
The proofs examined support the findings of the two concurring tribunals that the deceased died of accident arising out of and in the course of his employment.
Proceeding under the Workmen's Compensation Act, N.J.S.A. 34:15-1 et seq. by Vincenza Passafiume to recover compensation for an employee's death, opposed by H. T. Hynds, Inc., employer. An award of compensation by the Workmen's Compensation Bureau was affirmed by the Court of Common Pleas, and the employer brings certiorari.
Writ denied.
January term, 1942, before BODINE, PERSKIE, and PORTER, JJ.
John W. Taylor and Harry E. Walburg, both of Newark, for prosecutor.
Herman M. Wilson, of Newark, for defendant.
In this case, there was an award in the Bureau, affirmed in the Essex Court of Common Pleas, and Mr. Justice Parker denied certiorari. Such a result should not be lightly disturbed.
The deceased was a laborer. He was 58 1/2 years old. He had arterio-sclerosis heart disease. While engaged in overtime and extra heavy exertion, he died of coronary occlusion with thrombosis.
The proofs show that this could have been caused by the extra strain under which he was working that day. We too find as a fact that there was a causal relation between the extra heavy exertion occasioned by decedent's work and his death. The case clearly falls within the rule laid down in Bernstein Furniture Co. v. Kelly, 115 N.J.L. 500, 180 A. 832; Hentz v. Janssen Dairy Corp., 122 N.J.L. 494, 6 A.2d 409; Ciocca v. National Sugar Refining Co., 124 N.J.L. 329, 12 A.2d 130; Molnar v. American Smelting & Refining Co., 127 N.J.L. 118, 21 A.2d 213, affirmed, Err. & App, 24 A.2d 392.
The writ is denied with costs.
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...recovery to the petitioner. Hentz v. Janssen Dairy Corp., 122 N.J.L. 494, 6 A.2d 409 (E. & A.1939); Passafiume v. H. T. Hynds, Inc., 128 N.J.L. 27, 24 A.2d 394 (Sup.Ct.1942); Swift & Co. v. Von Volkum, 131 N.J.L. 83, 34 A.2d 897 (Sup.Ct.1943), affirmed 132 N.J.L. 344, 40 A.2d 572 (E. & A.19......
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