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Calicchio v. Jersey City Stock Yards Co.

Decided: July 10, 1940.

ERMINA CALICCHIO, PETITIONER-RESPONDENT,
v.
JERSEY CITY STOCK YARDS CO., RESPONDENT-PROSECUTOR



On rule to show cause why certiorari should not be allowed, and on certiorari.

For the prosecutor, John L. Ridley.

For the respondent, Milton, McNulty & Augelli (Joseph Keane, of counsel).

Before Brogan, Chief Justice, and Justices Parker and Perskie.

Perskie

The opinion of the court was delivered by

PERSKIE, J. This is a workmen's compensation case. The issues for us to determine are whether an accident suffered by decedent, Emilio Calicchio, husband of respondent, on February 22d, 1937, arose out of and in the course of his employment and whether that accident caused his death.

We learn from the record that decedent worked for some fourteen years in the Jersey City Stockyards where he acted as janitor, performed general laboring work, and tended and

fed live stock. On September 11th, 1935, decedent was gored by a wild bull and received compensation for injuries so sustained for a period of two weeks and two days. Thereafter, on February 22d, 1937, while at work opening a gate, decedent ran a rusty nail into his hand for which he first received treatment in the form of tetanus antitoxin injections. There was evidence before the bureau to the effect that decedent's hand was bandaged for about a month, and that within fifteen or twenty days after the bandages were removed watery sores, known as blebs, appeared on his back. These sores later spread to his chest and arms and even to the inside of his mouth. As time progressed his condition grew steadily worse. On November 29th, 1937, he was removed to the Jersey City Medical Center where on January 17th, 1938, he died, admittedly as a result of a rare skin disease known as "pemphigus."

Decedent's widow filed a petition for compensation alleging that she, her twenty-four-year-old son and her twenty-five-year-old daughter were dependents and that the accident happened on or about "September 11th, 1935, and November 25th, 1937," when decedent was gored by a wild bull. Subsequently an amended petition was filed alleging that the accident occurred on "September 11th, 1935, and November 25th, 1937, and on or about February 22d, 1937." In describing the nature of the accident and how it happened the amended petition for compensation averred that "the decedent was stampeded and gored by a bull, and was later injured, while at work, when a rusty nail punctured his left hand."

At the hearing before the bureau counsel stipulated the amount of decedent's wages and agreed that the widow alone should be considered as a dependent. After hearing the evidence, the referee in the bureau entered a determination of facts and rule for judgment wherein it was stated "that the wound sustained by decedent on February 22d, 1937, could be the proximate cause of the resulting pemphigus." (Italics supplied.) Compensation was awarded for 300 weeks at $10 a week.

An appeal was taken to the Hudson County Court of Common Pleas where on February 8th, ...


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