Terlecki v. Strauss

• Decision Date: 25 February 1914
• Citation: 89 A. 1023,85 N.J.L. 454
• Parties: TERLECKI v. STRAUSS et al.
• Court: New Jersey Supreme Court

89 A. 1023

85 N.J.L. 454

TERLECKI

v. STRAUSS et al.

Supreme Court of New Jersey.

Feb. 25, 1914.

(Syllabus by the Court.)

Certiorari to Court of Common Pleas, Mercer County.

Petition under the Workmen's Compensation Act by Mary Terlecki against Ferdinand A. Strauss and others.Judgment for petitioner, and defendants bring certiorari.Affirmed.

Petitioner quit work at her machine shortly before noon, and was preparing to go home.She was combing particles of wool out of her hair, as was the custom of the girl employés.For this purpose she went to a passageway where a piece of looking-glass had been placed against a post, 32 feet from her machine.It was a common practice of the girls, to the knowledge of the superintendent and overseer, to do as the petitioner did, and it was not forbidden.There was a "sink" room, but no dressing room on that floor of the factory.While the petitioner was combing her hair, it was caught in the still moving machinery, and she suffered serious injury.

Argued November term, 1913, before SWAYZE and BERGEN, JJ.

Martin P. Devlin, of Trenton, for petitioner.William H. Carey, of Jersey City, for defendants.

SWAYZE, J.We have no doubt that the accident happened in the course of employment.It would be entirely too narrow a construction to limit the benefit of the statute to the time the workman is actually employed at his machine.He must have time to reach his machine and to get away from his employer's premises.In fact, it is a necessary implication of the contract of employment that the workman shall come to his work and shall leave with reasonable speed when the work is over.The preparation reasonably necessary for beginning work after the employer's premises are reached and for leaving when the work is over is a part of the employment.A workman is none the less in the course of employment because he is engaged in changing his street...