Sabella. v. Brazileiro
| Decision Date | 01 October 1914 |
| Citation | 86 N.J.L. 505,91 A. 1032 |
| Parties | SABELLA et al. v. BRAZILEIRO. |
| Court | New Jersey Supreme Court |
Certiorari to Court of Common Pleas, Hudson County.
Certiorari by Emilia Flaumeia Sabella and others against Lloyd Brazileiro. Judgment affirmed.
Argued June term, 1914, before TRENCHARD, BERGEN, and BLACK, JJ.
McDermott & Enright, of Jersey City, for prosecutors.
This cause was submitted on such briefs as should be filed within the time prescribed by the rules of this court, and we have not been favored with any on behalf of the defendant in certiorari. A paper was filed by a person who claims to be an attorney at law, but he appears to be ignorant of the rule observed in this court that only those who have been admitted as counselors of this court are permitted to appear and argue causes before it. A brief filed in this court by one who has not been admitted to the degree of counselor at law will not be considered. Hazard v. Phoenix Co., 78 N. J. Eq. 568, 80 Atl. 456.
This dispute requires the determination of two questions raised under the statute commonly called the Employers' Liability Act (P. L. 1911, p. 134): (a) Was the contract of employment made in New Jersey? (b) Was the employment of the deceased casual? The trial court found that the contract was made in this state, and that the employment was not casual, and awarded to the next of kin compensation as provided by the statute. On the first point there was evidence that the deceased was a longshoreman, and had frequently been employed by the prosecutor to assist in loading and unloading its ship; it being a foreign corporation engaged in shipping between the port of New York and different ports of the Republic of Brazil, owning and sailing a number of ships for such purpose; that all longshoremen are paid by the hour for the term of service; that prosecutor's foreman told deceased in Brooklyn, N. Y., to go to Jersey City, as they had a ship in dock, and deceased went there, was set to work, and within two hours the accident happened which caused his death; that the time for which deceased was to be paid did not begin to run until he was set at work in Jersey City; that the prosecutor was under no liability to pay unless deceased was set to work, nor was it bound to employ him after he reached Jersey City. We think there was evidence to sustain the finding that the contract was entered into when the deceased was put to work and not until then, and, as he was not really engaged...
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...Workmen's Compensation cases arising on similar facts support the view that this contract of employment was made in Kansas. Sabella v. Brazileiro, 91 A. 1032; In Spencer Kellogg & Sons, 52 F.2d 129; Mitchell v. St. Louis Smelting & Refining Co., 202 Mo.App. 251, 215 S.W. 506. (2) The court ......
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...New Jersey courts have gone to much greater lengths in treating such preliminary engagements as not within the act. Sabella v. Lloyd Brazileiro, 86 N. J. Law, 505, 91 A. 1032, affirmed 87 N. J. Law, 710, 94 A. 1103; Fineberg v. Public Service Co., 94 N. J. Law, 55, 108 A. 311; Coco v. Wilbu......
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... ... employment of claimant by the employer herein does not come ... within the classification of "employments which are but ... casual." Sabella v. Brazileiro, 86 N.J.L. 505, ... 91 A. 1032; Mullen v. Walker et al., 105 N.J.L. 199, ... 143 A. 363; Forrester v. Eckerson, 107 N.J.L. 156, ... ...
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