Citation Numbers: 23 N.J. Misc. 245, 41 A.2d 521, 1945 N.J. Sup. Ct. LEXIS 41
Judges: Cubiam
Filed Date: 3/9/1945
Status: Precedential
Modified Date: 10/18/2024
This is an application for certiorari to review a judgment of the Burlington County Court of Common Plea in the ease of a petition for compensation filed by decedent-employee’s widow under the statute, B. 8. 34:15—1, et seq. The employee, a salesman in the employ of the defendant company, died in a tavern at Atsion, New Jersey, where he went in an endeavor to persuade the tavern proprietor that an electrically operated beer cooling system which he had installed could be improved to suit the proprietor’s requirements. His family doctor testified that some weeks before his death the decedent manifested an “auricular fibrillation,” i. ean irregularity of the heart beat.
The deputy commissioner dismissed the petition, holding that the burden of proving an accident resulting in death, which arose out of and in the course of the employment, had not been sustained. The Pleas, on appeal, affirmed. Application for certiorari to the Supreme Court Justice in the district was unsuccessful. Allocatur was refused. The application before us is to the court en banc. Thus two competent fact-
Certiorari is denied.