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O'BRIEN v. N.J. STATE HIGHWAY DEPT.

11 N.J. Super. 548 (1951)

78 A.2d 717

MARY F. O'BRIEN, PETITIONER-RESPONDENT, v. NEW JERSEY STATE HIGHWAY DEPARTMENT, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 14, 1951.

Attorney(s) appearing for the Case

Mr. Roland Vreeland argued the cause for petitioner-respondent (Mr. Gerald T. Foley, attorney).

Mr. Osie M. Silber, Deputy Attorney General, argued the cause for respondent-appellant (Mr. Theodore D. Parsons, Attorney General of New Jersey, attorney for respondent-appellant).

Before Judges JACOBS, EASTWOOD and DONGES.

The opinion of the court was delivered by DONGES, J.S.C. (temporary J.A.D.).

This is an appeal from a judgment entered in the Essex County Court.

There is no dispute as to the facts in this case. The petitioner's decedent, an employee of the New Jersey State Highway Department, was fatally injured on April 26, 1948, as the result of an accident arising out of and in the course of his employment.

The accident was caused by the negligent operation of...

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