O'REILLY v. ROBERTO HOMES, INC.


31 N.J. Super. 387 (1954)

107 A.2d 9

JEAN P. O'REILLY, PETITIONER-RESPONDENT, v. ROBERTO HOMES, INC., AND HOME INDEMNITY COMPANY, RESPONDENTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1954.


Attorney(s) appearing for the Case

Mr. John A. Laird argued the cause for petitioner-respondent (Messrs. Roskein & Laird, attorneys).

Mr. Philip M. Lustbader argued the cause for respondents-appellants (Messrs. Schneider & Schneider, attorneys).

Before Judges CLAPP, SMALLEY and SCHETTINO.


The opinion of the court was delivered by SCHETTINO, J.S.C. (temporarily assigned).

This appeal is from a judgment of the County Court reversing an order of the Division of Compensation, Department of Labor and Industry dismissing the petition.

The statutory prerequisites to establish a compensable injury by accident under R.S. 34:15-7 are that petitioner must prove an accident and then must prove that the alleged accident arose not only in the course...

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