Wolf v. Oestreicher

Supreme Court of New Jersey

Wolf v. Oestreicher

44 A.2d 29, 133 N.J.L. 261, 1945 N.J. LEXIS 214

DecidedSeptember 27, 1945

StatusPublished

This text of 44 A.2d 29 (Wolf v. Oestreicher) 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

Wolf v. Oestreicher, 44 A.2d 29, 133 N.J.L. 261, 1945 N.J. LEXIS 214 (N.J. 1945).

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Opinion

The opinion of the court was delivered by

Bodine, J.

The appeal in this case is from a judgment of nonsuit granted on the ground that whatever the injury shown it arose out of and in the course of the employment, and the remedy, if any, was in the Workmen’s Compensation Bureau.

The plaintiff, at the time of her injury, was being driven in an automobile owned by her employer, the defendant, Albert Oestreicher. They were on their wav to his factory in Wilkes-Barre, Pennsylvania. The plaintiff was general manager and designer in this factory and it was the practice of her employer on Friday to drive her to New Brunswick, New Jersey, where he would turn over to her the car and she would drive it to her home in Piscataway Township, keeping it over the week-end and meeting him on Monday morning at the station in New Brunswick, when he would drive her to her work in Wilkes-Barre. This was being done at the time of the accident.

Obviously, the accident arose out of and in the course of the employment. The nonsuit was proper. The judgment will be affirmed.

For affirmance — Tins Chancellor, Chief Justice, Parker, Case, Bodine, Dongbs, Heher, Perskte, Colie, Wells, Rafferty, Dill, Freund, JJ. 13.

For reversal — None.

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The opinion of the court was delivered by

Bodine, J.

The appeal in this case is from a judgment of nonsuit granted on the ground that whatever the injury shown it arose out of and in the course of the employment, and the remedy, if any, was in the Workmen’s Compensation Bureau.

The plaintiff, at the time of her injury, was being driven in an automobile owned by her employer, the defendant, Albert Oestreicher. They were on their wav to his factory in Wilkes-Barre, Pennsylvania. The plaintiff was general manager and designer in this factory and it was the practice of her employer on Friday to drive her to New Brunswick, New Jersey, where he would turn over to her the car and she would drive it to her home in Piscataway Township, keeping it over the week-end and meeting him on Monday morning at the station in New Brunswick, when he would drive her to her work in Wilkes-Barre. This was being done at the time of the accident.

Obviously, the accident arose out of and in the course of the employment. The nonsuit was proper. The judgment will be affirmed.

For affirmance — Tins Chancellor, Chief Justice, Parker, Case, Bodine, Dongbs, Heher, Perskte, Colie, Wells, Rafferty, Dill, Freund, JJ. 13.

For reversal — None.

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Bluebook (online)

44 A.2d 29, 133 N.J.L. 261, 1945 N.J. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolf-v-oestreicher-nj-1945.