STEIN v. FELDEN


17 N.J. Super. 311 (1952)

86 A.2d 19

LOUIS STEIN, PETITIONER-APPELLANT, v. SIDNEY FELDEN, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 1952.


Attorney(s) appearing for the Case

Mr. Leo Yanoff argued the cause for appellant (Messrs. Wildstein & Wildstein and Messrs. Green & Yanoff, attorneys).

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

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.


The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.A.D.

This workmen's compensation case presents the questions whether the lower tribunals properly considered respondent's defense of casual employment, and, if so, whether the proofs sustained the dismissal of the claim petition upon that ground.

The burden of proving casual employment is upon the respondent. The petitioner is not obliged to disprove it. Burdick v. Liberty Motor Freight...

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