DEVLIN v. SURGENT


18 N.J. 148 (1955)

113 A.2d 9

ANNA DEVLIN, PLAINTIFF-APPELLANT, v. GEORGE SURGENT AND JAMES A. YOUNG, DEFENDANTS-RESPONDENTS, AND WALTER SCOTT, DEFENDANT.

The Supreme Court of New Jersey.

Reargued March 14, 1955.

Decided March 28, 1955.


Attorney(s) appearing for the Case

Mr. J. Mortimer Rubenstein argued the cause for appellant (Mr. Milton Schamach, attorney).

Mr. Nicholas Martini argued the cause for respondent George Surgent.


The opinion of the court was delivered by WACHENFELD, J.

Eward L. Devlin, on December 17, 1951 and prior thereto, was employed by the Holy Sepulchre Cemetery in Totawa, New Jersey, as a laborer and truck driver. On the morning of that day, he reported for work in the normal course of his employment and began his duties of driving a truck with a co-employee, Mike Karchko, who was his helper. Sometime between 9:30 and 10 o'clock...

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