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Jones v. Court of Common Pleas of County of Essex

New Jersey Supreme Court


Decided: September 18, 1942.

MINNIE JONES, PROSECUTRIX-APPELLANT,
v.
COURT OF COMMON PLEAS OF THE COUNTY OF ESSEX ET AL., DEFENDANTS-RESPONDENTS

On appeal from a judgment of the Supreme Court, whose opinion is reported at 128 N.J. Law 190.

For the appellant, George A. Henderson and Charles E. McCraith, Jr.

For the respondents, Clarence B. Tippett.

Per Curiam

[129 NJL Page 59]

PER CURIAM.

The case presents merely a question of fact whether the death of the employee was or was not due to an accident in the course of the employment. The Bureau held that it was so due. The Common Pleas Court reversed this finding and the Supreme Court affirmed the judgment of the Pleas.

It is settled in this class of cases that, where the judgment of the Supreme Court on the facts is supported by proper evidence, this court will not reverse its findings. Kohn v. Tilt, 103 N.J.L. 110; Angelotti v. Town of Montclair, 109 Id. 360; Ford Motor Co. v. Fernandez et al., 114 Id. 202.

The judgment will be affirmed.

For affirmance -- THE CHANCELLOR, PARKER, BODINE, DONGES, PERSKIE, PORTER, COLIE, DEAR, WELLS, RAFFERTY, HAGUE, THOMPSON, JJ. 12.

For reversal -- None.

19420918


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