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CONDON v. SMITH

37 N.J. Super. 320 (1955)

117 A.2d 272

EDWARD E. CONDON, PETITIONER-RESPONDENT, v. LINDEN B. SMITH, T/A SUNSET VIEW FARMS, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 14, 1955.

Attorney(s) appearing for the Case

Mr. William Martin Cox argued the cause for the respondent-appellant (Messrs. Dolan and Dolan, attorneys; Mr. Lewis P. Dolan, of counsel).

Mr. Louis Winer argued the cause for the petitioner-respondent.

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by FREUND, J.A.D.

The petitioner, Edward E. Condon, a painter, sought a workmen's compensation award for injuries resulting from a fall from the roof of respondent's barn. This appeal is from concurrent findings by the Division of Workmen's Compensation and the County Court granting the award. The sole question for determination is whether the petitioner was an "employee" or an "independent contractor" within the meaning of the...

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