McALLISTER v. BD. OF ED., KEARNY


79 N.J. Super. 249 (1963)

191 A.2d 212

DOLORES McALLISTER, PETITIONER-APPELLEE AND APPELLANT AND CROSS-RESPONDENT, v. BOARD OF EDUCATION, TOWN OF KEARNY, RESPONDENT-APPELLANT AND RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Reargued March 18, 1963.

Decided May 23, 1963.


Attorney(s) appearing for the Case

Mr. Henry G. Morgan argued the cause for the Board of Education at the original argument (Messrs. Schneider, Lustbader & Morgan, attorneys).

Mr. Robert J.C. McCoid argued the cause for the Board of Education at the reargument (Messrs. Schneider, Lustbader & Morgan, attorneys).

Mr. Aaron Gordon argued the cause for Dolores McAllister.

Before Judges CONFORD, GAULKIN and KILKENNY.


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

In this workmen's compensation case Mrs. McAllister, widow of Charles McAllister and mother of his three dependent children, appeals from that portion of the judgment of the County Court which determined that the amount of compensation for his death was governed by the statute which existed at the time of the accident, and not by the statute, which fixed a higher rate, in force when he died. The Board of Education...

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