For the prosecutor, Henry M. Grosman and Isidor Kalisch.
For the defendant, Xavier Del Negro.
Before Justices Case, Donges and Colie.
The opinion of the court was delivered by
DONGES, J. This writ of certiorari brings up a judgment of the Essex County Court of Common Pleas in a workman's compensation case. The Common Pleas reversed the determination of the bureau and awarded compensation in accordance with the prayer of the petition. The controversy revolves around the question of whether or not the incident from which the petitioner-defendant's injuries resulted constituted an accident arising out of and in the course of his employment by the prosecutor.
Prosecutor was engaged in the business of distributing newspapers in and about the City of Newark and employed the defendant for that purpose. On the morning of Sunday, December 1st, 1940, defendant was engaged in his regular activities and at about 2 A.M. left the place of business of the prosecutor to make a collection of money from a news
stand a short distance away. He walked along Halsey Street, and while at a point near the intersection of that street with Hill Street, he was accosted by five men. They threw a coat over his head, beat him and eventually one of them stabbed him in the chest. That a severe lung injury and permanent disability resulted from the stabbing is not denied.
The Bureau held that there was insufficient evidence to show an attempted robbery or that the injuries were sustained in the defense of the prosecutor's property. The Court of Common Pleas held that the evidence was sufficient to sustain a finding of an assault committed with the intent to rob, and further that, whether there was an attempted robbery or not, the incident grew out of his employment and constituted an accident arising out of and in the course of such employment.
We concur in the holding of the Common Pleas and think that the case is controlled by the reasoning of the recent case of Geltman v. Reliable Linen and Supply Co., 128 N.J.L. 443. There the workman was driving his automobile in and about his master's business when he became involved in an altercation with the driver of another car about the manner of their driving. A threat of assault by the other driver induced a heart attack in the workman which resulted in his death. The Court of Errors and Appeals reversed the judgment of this court and held that there had been a compensable accident.
We think that in the instant case there can be no question that the incident arose in the course of the employment. There is no dispute that at the time it occurred he was on a mission directly connected with the employment, the collection of money due for the ...