Lester v. Elliott Bros. Trucking Co.

Supreme Court of New Jersey
Lester v. Elliott Bros. Trucking Co., 114 A.2d 8 (N.J. 1955)
18 N.J. 434; 1955 N.J. LEXIS 264
Heher, Burling, Vanderbilt, Oliphant, Jacobs, Brennan, Wachenfeld

Lester v. Elliott Bros. Trucking Co.

Dissenting Opinion

*438Wachenfeld, J.

(dissenting). The appellant’s claim was discredited in the lower tribunals because they found he was not on his employer’s premises in connection with his employment.

I come to an opposite conclusion. Regardless of Lester’s motive in going to the terminal outside of working hours, he was clearly within the course of his employment when he responded to Helm’s direction to “[c]ome in my (Helm’s) office and straighten the thing out in there.” The manager was endeavoring, in furtherance of his employer’s interest, to iron out the difficulties and to eliminate the friction existing between the two employees. This was a work-connected effort.

The ensuing injury was an immediate outgrowth of Helm’s attempt to settle the dispute and thus comes within the “course of employment” rule we have already established. Sanders v. Jarka Corp., 1 N. J. 36 (1948); Cierpial v. Ford Motor Co., 16 N. J. 561 (1954).

I would reverse and grant compensation.

Mr. Justice Heher and Mr. Justice Burling authorize me to say that they join in this dissent. For affirmance — Chief Justice Vanderbilt, and Justices Oliphant, Jacobs and Brennan — 4. For reversal — Justices Heher, Wachenfeld and Burling —3.

Opinion of the Court

Per Curiam.

The judgment is affirmed for the reasons expressed in the opinion of Judge Ebancis in the court below.

Reference

Full Case Name
Seth Lester, Plaintiff-Petitioner, v. Elliott Bros. Trucking Co., Inc., Defendant-Respondent
Cited By
2 cases
Status
Published