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Lockhardt v. Sterner

New Jersey Supreme Court


Decided: January 26, 1938.

FRED LOCKHARDT, PETITIONER-APPELLANT,
v.
E. DONALD STERNER, STATE HIGHWAY COMMISSIONER, RESPONDENT

On appeal from the Supreme Court.

For the appellant, Grace R. Lewis (David Roskein, of counsel).

For the respondent, David T. Wilentz, attorney-general, and Robert S. Hartgrove, assistant attorney-general.

[119 NJL Page 342]

PER CURIAM.

This is a workmen's compensation case. After a fall of snow, the foreman of the highway department locally in charge hired a number of unemployed men to work cleaning away the snow. The petitioner was one of these. He had never been so hired before, and was taken on merely for that job, at fifty cents an hour. As the deputy commissioner found, there was no assurance of a recurrence of the employment, outside of the five days that he worked. His fingers became frost bitten, and his claim for compensation was based on that fact.

The deputy commissioner made an award. On appeal to the Common Pleas, this was reversed on the ground that the case was indistinguishable on the facts from Thompson v. Wagner, 103 N.J.L. 230, affirmed in 104 Id. 198. In the Supreme Court, on certiorari, before a single justice, the writ was dismissed, likewise on the authority of the Thompson case. We come to a similar conclusion. The judgment of the Supreme Court will be affirmed, with costs.

[119 NJL Page 343]

For affirmance -- THE CHANCELLOR, CHIEF JUSTICE, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 14.

For reversal -- None.

19380126


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