BRYAN, ET AL. v. JEFFERS, ET AL.


103 N.J. Super. 522 (1968)

248 A.2d 129

HELEN B. BRYAN, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF JOHN S. BRYAN, DECEASED, PLAINTIFF-APPELLANT, v. HENRY JEFFERS, JR., AND HENRY W. JEFFERS, III, DEFENDANTS-RESPONDENTS, AND NEW JERSEY MANUFACTURERS INSURANCE COMPANY, ETC., ET AL., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 3, 1968.


Attorney(s) appearing for the Case

Mr. Herman W. Kapp argued the cause for appellant (Mr. Albert W. Seaman, of counsel).

Mr. Robert E. Monaghan argued the cause for respondents (Messrs. Schneider & Morgan, attorneys).

Before Judges CONFORD, KILKENNY and LEONARD.


PER CURIAM.

We do not agree with the contention of plaintiff that the exception for "intentional wrong" in the statute eliminating tort liability, as between persons in the same employ, where the injury sued for is compensable by workmen's compensation, N.J.S.A. 34:15-8, is equatable with "gross negligence," or similar concepts importing constructive intent.

Our discussion of the background against which the cited provision of the Workmen's Compensation...

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