GREEN v. DeFURIA


34 N.J. Super. 521 (1955)

112 A.2d 747

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

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1955.


Attorney(s) appearing for the Case

Mr. Henry F. Hoey, Jr., argued the cause for defendants-appellants (Mr. William P. Braun, attorney).

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

Before Judges GOLDMANN, FREUND and CONFORD.


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

Here the Workmen's Compensation Division held that the injury petitioner sustained did not arise out of and in the course of his employment by the appellants and denied compensation. The County Court reversed. Hence this appeal.

Petitioner was employed by defendants as a night gasoline station attendant, selling gasoline and oil and answering the telephone for tow calls. He had worked for the defendants...

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