Pilkington v. State Highway Dep't

• Decision Date: 10 October 1940
• Docket Number: No. 27.,27.
• Parties: PILKINGTON v. STATE HIGHWAY DEPARTMENT.
• Court: New Jersey Supreme Court

15 A.2d 636

PILKINGTON

v. STATE HIGHWAY DEPARTMENT.

No. 27.

Court of Errors and Appeals of New Jersey.

Oct. 10, 1940.

Appeal from Supreme Court.

Proceeding under the Workmen's Compensation Act by Madelyn Pilkington, opposed by the New Jersey State Highway Department. From a judgment of the Supreme Court, 124 N.J.L. 11, 10 A.2d 489, affirming an order of the Court of Common Pleas reversing a judgment of the Workmen's Compensation Bureau dismissing the petition, Madelyn Pilkington appeals.

Affirmed.

Joseph C. Paul, of Newark, for appellant.

David T. Wilentz, Atty. Gen. (William A. O'Brien, of Jersey City, and Raymond Saltzman, of Camden, of counsel), for respondent.

PER CURIAM.

In the exercise of its fact-finding function, the Supreme Court, 124 N.J.L. 11, 10 A.2d 489, 491, concluded, as revealed by the deliverance of Mr. Justice Donges, that the deceased employee of the State Highway Commissioner "was not on the highway by force of any duty owing to his employer," but "in consequence of his own purpose to attend the social affair," and that he "did not meet with an accident arising out of and in the course of his employment." It is not the function of this court—appellant's argument seems to proceed on the contrary view —to weigh and appraise the evidence. Findings of fact on conflicting evidence, or on uncontroverted evidence reasonably susceptible of divergent inferences, are not reviewable on error.

Judgment affirmed.

For affirmance: The CHANCELLOR, Justices PARKER, CASE, BODINE, HEHER, and PERSKIE. and Judges DEAR, WELLS, WOLFSKEIL, RAFFERTY, and HAGUE—11.

For reversal: None.