Standard Water Systems Co. of N.J. v. Ort

Supreme Court of New Jersey

Standard Water Systems Co. of N.J. v. Ort

166 A. 335, 110 N.J.L. 586, 1933 N.J. LEXIS 573

CourtSupreme Court of New Jersey

DecidedMay 15, 1933

StatusPublished

Cited by2 cases

This text of 166 A. 335 (Standard Water Systems Co. of N.J. v. Ort) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Standard Water Systems Co. of N.J. v. Ort, 166 A. 335, 110 N.J.L. 586, 1933 N.J. LEXIS 573 (N.J. 1933).

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Opinion

The opinion of the court was delivered by

Bodine, J.

The only question in this case is whether petitioner’s decedent met his death by reason of an accident arising out of and in the course of his employment. Our ■examination of the competent proofs leads us to the conelusion that they do not sustain the action taken by the •bureau or the Supreme Court.

The deceased was employed in shaping iron plates, the work requiring somewhat heavy lifting and the use of a ■sledge hammer. The work for the morning completed, without any unusual occurrence, he left the plant and started to walk home for lunch. Undoubtedly feeling unwell, he returned asking to be driven home. While being driven in the foreman’s car he slumped in his seat and died the next day from a heart condition. There is nothing in the record to show that an accident occurred while the decedent was at work. Testimony by his widow that he said he guessed he must have hurt himself while at work is competent proof of nothing. The weight of medical testimony indicates that the petitioner’s decedent died of angina pectoris.

The judgment is reversed.

For affirmance — None.

For reversal — The Chancellor, Chief Justice, Parker, Lloyd, Case, Bodine, Heher, Yan Buskirk, Kays, Hetfibld, Dear, Wells, JJ. 12.

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The opinion of the court was delivered by

Bodine, J.

The only question in this case is whether petitioner’s decedent met his death by reason of an accident arising out of and in the course of his employment. Our ■examination of the competent proofs leads us to the conelusion that they do not sustain the action taken by the •bureau or the Supreme Court.

The deceased was employed in shaping iron plates, the work requiring somewhat heavy lifting and the use of a ■sledge hammer. The work for the morning completed, without any unusual occurrence, he left the plant and started to walk home for lunch. Undoubtedly feeling unwell, he returned asking to be driven home. While being driven in the foreman’s car he slumped in his seat and died the next day from a heart condition. There is nothing in the record to show that an accident occurred while the decedent was at work. Testimony by his widow that he said he guessed he must have hurt himself while at work is competent proof of nothing. The weight of medical testimony indicates that the petitioner’s decedent died of angina pectoris.

The judgment is reversed.

For affirmance — None.

For reversal — The Chancellor, Chief Justice, Parker, Lloyd, Case, Bodine, Heher, Yan Buskirk, Kays, Hetfibld, Dear, Wells, JJ. 12.

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Bluebook (online)

166 A. 335, 110 N.J.L. 586, 1933 N.J. LEXIS 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/standard-water-systems-co-of-nj-v-ort-nj-1933.

Opinion

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