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KRAEMER v. NITROFORM CO.

33 N.J. Super. 220 (1954)

109 A.2d 477

HARRIET M. KRAEMER, PETITIONER-APPELLEE, v. NITROFORM COMPANY, INC., RESPONDENT-APPELLANT.

Superior Court of New Jersey, Essex County Court, Law Division.

Decided November 12, 1954.

Attorney(s) appearing for the Case

Mr. Alexander Avidan argued the cause for petitioner-appellee (Messrs. Avidan & Avidan, attorneys).

Mr. Isidor Kalisch argued the cause for respondent-appellant (Mr. Edward B. Meredith, attorney).

FOLEY, J.C.C.

The petitioner's decedent was killed in an explosion in the respondent's plant. An award was entered in the Workmen's Compensation Division according dependency benefits on behalf of herself and two children. The primary question in controversy on this appeal is whether the decedent was an employee of the respondent at the time of his fatal accident or was gratuitously contributing his time and efforts in order to foster the growth of an enterprise of...

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