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GREEN v. DeFURIA

19 N.J. 290 (1955)

116 A.2d 19

JAMES GREEN, PETITIONER-APPELLANT, v. FRANK DeFURIA AND JOHN BENEDETTO, T/A BLACK AND WHITE GARAGE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 27, 1955.

Attorney(s) appearing for the Case

Mr. Herman M. Wilson argued the cause for appellant (Mr. Harvey A. Lieb, attorney).

Mr. Henry P. Hoey, Jr., argued the cause for respondents (Mr. William P. Braun, attorney).

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

The question on this appeal is whether appellant had removed himself from the coverage of the Workmen's Compensation Act at the time he sustained the injuries for which he now seeks recovery.

Prior to June 11, 1953 appellant, James Green, was employed as a gasoline station attendant. He worked the night shift and his duties were, as he described them, "to sell gas

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