Pearson v. Armstrong Cork Co.

Decision Date25 October 1928
Docket NumberNo. 207.,207.
Citation143 A. 449
PartiesPEARSON v. ARMSTRONG CORK CO.
CourtNew Jersey Supreme Court

Certiorari to Court of Common Pleas, Camden County.

Proceeding under the Workmen's Compensation Act by Ida M. Pearson for the death of her husband, opposed by the Armstrong Cork Company, employer. To review an order of the Workmen's Compensation Bureau granting an award, affirmed by the court of common pleas, the employer brings certiorari. Affirmed.

Argued October term, 1928, before MINTURN, BLACK, and CAMPBELL, JJ.

Riggins & Davis, of Camden, for petitioner-respondent.

Ralph N. Kellam, of Camden, for respondent-prosecutor.

PER CURIAM. The petitioner in this case filed her petition on May 26, 1925, to the Workmen's Compensation Bureau, praying for compensation for the death of her husband, alleging in response to question No. 17 on said petition as follows:

"Q. What was the nature of the accident, and how did it happen?

"A. The petitioner's deceased husband contracted in the course of his employment with respondent wood alcohol poisoning, the said poisoning being caused by the nature of the plaintiff's business, and from which poisoning the petitioner's husband died on or about May 12, 1925."

The matter was heard before the deputy commissioner on the 30th of June, 1925, who found:

"That the said William H. Pearson, deceased, did so contract wood alcohol poisoning in the course of his employment with the Armstrong Cork Company, the above named respondent, and also that the deceased employee, William H. Pearson died from endocarditis caused by wood alcohol poisoning occupationally contracted."

From this award the prosecutor appealed to the court of common pleas of Camden county, where the said award was affirmed and judgment entered accordingly. This writ of certiorari was allowed on the 25th of June, 1928, to the prosecutor to have the judgment so entered reviewed.

The deceased was engaged in a business for at least two years which obliged him to grind gum and mix wood alcohol and denatured alcohol with the same. The room in which he worked at times was permeated with alcoholic fumes. The doctors who were called for the petitioner in their opinions stated the history of the decedent's case, and gave it as their opinion that the physical condition preceding his death was caused or contributed to by some poisoning, and they concluded that it was wood alcohol, because the decedent was employed in the use of it, and they were satisfied that the...

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9 cases
  • Russo v. U.S. Trucking Corp.
    • United States
    • New Jersey Supreme Court
    • April 3, 1958
    ...the procedure in line with section II of the Certiorari Act (Comp.Stat., p. 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 ......
  • Brighton v. Bor. Of Rumson.
    • United States
    • New Jersey Supreme Court
    • January 3, 1947
    ...the harmonious result reached in the Bureau and in the Pleas if same finds ample support in the testimony (Pearson v. Armstrong Cork Co. 143 A. 449, 6 N.J.Misc. 976, 978; Mountain Ice Co. v. Durkin, 144 A. 6, 6 N.J.Misc. 1111, 1113, affirmed 105 N.J.L. 636, 147 A. 451; Berlinger v. Medal Si......
  • Berlinger v. Medal Silk Co.
    • United States
    • New Jersey Supreme Court
    • September 27, 1934
    ...state and restate the law applicable in such cases. The following are a few of the many typical cases: In Pearson v. Armstrong Cork Co., 143 A. 449, 450, 6 N. J. Misc. 976, on page 978, the Supreme Court held: "Where two independent and distinct tribunals such as these have examined the fac......
  • Adam Black & Sons, Inc. v. Court of Common Pleas, Hudson County
    • United States
    • New Jersey Supreme Court
    • May 27, 1930
    ...mere inspection of the written word where there is ample support in the testimony for the conclusion so reached. Pearson v. Armstrong Cork Co., 143 A. 449, 6 N. J. Misc. R. 976; Mountain Ice Co. v. Durkin, 144 A. 6, 6 N. J. Misc. R. It convincingly appears that Black was regularly employed ......
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