Toner v. International Association of Bridge, Structural and Ornamental Iron Workers

• Court: New Jersey Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: Toner v. International Association of Bridge, Structural and Ornamental Iron Workers, 172 A. 389, 113 N.J.L. 29 (N.J. 1934)
• Decision Date: 04 May 1934
• Docket Number: 30
• Parties: THERESA E. TONER, PETITIONER-RESPONDENT, v. INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS AND LOCAL UNION NO. 350 OF ATLANTIC CITY, RESPONDENT-APPELLANT

172 A. 389

TONER

v. INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, et al.

No. 30.

Court of Errors and Appeals of New Jersey.

May 4, 1934.

Appeal from. Supreme Court.

Proceeding under the Workmen's Compensation Act by Theresa E. Toner, opposed by the International' Association of Bridge, Structural & Ornamental Iron Workers and another. From a judgment of the Supreme Court which affirmed a judgment of the Court of Common Pleas on appeal from a determination of the Workmen's Compensation Bureau, named defendant appeals.

Affirmed.

On appeal from a judgment of the Supreme Court which affirmed a judgment of the Atlantic county court of common pleas, on appeal from a determination of the Workmen's Compensation Bureau. The Supreme Court based its affirmance on the reasons expressed in the opinion of Judge Smathers in the court of common pleas, which opinion reads in part as follows:

There appears to be in the testimony ample and uncontradicted proof to support the finding of the deputy commissioner that Francis Felix Toner, deceased, met his death during and in the course of his employment.

This leaves for consideration and determination the question as to which of the respondents was the employer of the said Francis Felix Toner.

It is the fundamental principle of law that the relationship of master and servant exists wherever the employer retains the right to direct the manner in which the business or work is to be done, as well as the result to be accomplished, or, in other words, not only what shall be done, but how it shall be done. The testimony on the part of the petitioner seems to be replete with the indication that the local association lost its power of designation and direction of its business agent by the specific orders of the International Association. The International Association, by the letter of December 29th, marked Exhibit Pl, took full supervision and direction of the local, and suspended their officers and placed its vice-president in full charge of the affairs of the local. The international constitution under article IX, sections 8, 9, and 10, gives the president the power to suspend the officers of any local for being delinquent or derelict in their duties. This court, however, is unable to find any power delegated to it by its constitution or the constitution of the local to make appointments on behalf of the local. It seems, therefore, that the appointment of Francis Felix Toner as business agent for the local association was not within the power delegated, or with the consent of the governed, and in making such appointment the International Association assumed the full responsibility. The local neither delegated that power, nor did it at any subsequent time, according to...