MARCUS v. EASTERN AGRICULTURAL ASS'N, INC.


58 N.J. Super. 584 (1959)

157 A.2d 3

MURRAY MARCUS, PETITIONER-RESPONDENT, v. EASTERN AGRICULTURAL ASSOCIATION, INC., RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 28, 1959.


Attorney(s) appearing for the Case

Mr. Brian D. Conlan argued the cause for respondent-appellant (Messrs. Gurry and Conlan, attorneys).

Mr. William E. O'Connor, Jr., argued the cause for petitioner-respondent (Mr. Henry L. Gertner, of counsel).

Before Judges CONFORD, FOLEY and MINTZ.


MINTZ, J.C.C. (temporarily assigned).

This is a workmen's compensation case. The Division of Workmen's Compensation awarded petitioner compensation. The County Court affirmed. The respondent appeals. The sole issue on appeal is whether the testimony discloses that petitioner was an employee within the purview of N.J.S.A. 34:15-36.

It is the duty of this court to weigh the evidence adduced below and determine whether petitioner has sustained the burden...

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