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PISAPIA v. NEWARK

47 N.J. Super. 353 (1957)

136 A.2d 67

ANTHONY PISAPIA, PETITIONER-APPELLEE, v. CITY OF NEWARK, RESPONDENT-APPELLANT.

Superior Court of New Jersey, Essex County Court, Law Division.

Decided October 31, 1957.

Attorney(s) appearing for the Case

Messrs. Brass & Brass, attorneys for petitioner-respondent (Mr. Leonard Brass, of counsel).

Mr. Vincent P. Torppey, attorney for respondent-appellant (Mr. Alfred Del Negro, of counsel).

GAULKIN, J.C.C.

Pisapia was awarded workmen's compensation and his employer, the City of Newark, appeals.

Pisapia, a timid man five feet four inches tall and 62 years old, had been employed 27 years by the city in its Sanitation Department. His job was to pull garbage cans from houses to the sidewalk, where they were later picked up by trucks. On December 4, 1954, at about 5 A.M., while it was yet dark, he was working alone on Monmouth Street when he

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