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MAYER v. JOHN E. RUNNELLS HOSP.

129 N.J. Super. 77 (1973)

322 A.2d 452

JOHN MAYER, NORMAL MacQUAIDE AND THOMAS J. SMITH, PETITIONERS-APPELLANTS, v. JOHN E. RUNNELLS HOSPITAL, RESPONDENT-APPELLEE.

Superior Court of New Jersey, Appellate Division.

Decided October 12, 1973.

Attorney(s) appearing for the Case

Mrs. Mary D. Gillon argued the cause for appellants (Messrs. Gorrin & Ironson, attorneys for appellant Mayer; Messrs. Pollis, Williams, Pappas & Dillon, attorneys for appellant MacQuaide; Messrs. Shevick, Ravich & Koster, attorneys for appellant Smith; Mr. Joseph G. Barbieri, of counsel and on the brief).

Mr. Gerald W. Conway argued the cause for respondent (Messrs. Brause, Callaghan & Coyle, attorneys).

Before Judges CARTON, SEIDMAN and GOLDMANN.

PER CURIAM.

Petitioners' three claim petitions were dismissed by the compensation judge, who held that the accident did not fall within any of the exceptions to the so-called "going and coming" rule. On this appeal they argue that the accident arose out of and in the course of their employment because they were serving respondent's interests at the time. They also urge that existing law be re-examined and the "going and coming" rule eliminated as a bar to the recovery...

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