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McCrae v. Eastern Aircraft

Decided: June 4, 1948.

EDITH MCCRAE, PETITIONER-DEFENDANT,
v.
EASTERN AIRCRAFT, TRENTON DIVISION, GENERAL MOTORS CORP., RESPONDENT-PROSECUTOR



On writ of certiorari.

For the petitioner-defendant, George Pellettieri.

For the respondent-prosecutor, Kalisch & Kalisch.

Before Case, Chief Justice, and Justice Burling.

Burling

The opinion of the court was delivered by

BURLING, J. This is a review on certiorari of a judgment of the Mercer County Court of Common Pleas affirming the judgment of the Workmen's Compensation Bureau, which judgment awarded compensation to petitioner-defendant (hereinafter called petitioner).

The two lower tribunals have found that the injury in question arose out of and in the course of petitioner's employment and petitioner is entitled to compensation. Whether they are in conflict or accord, it is our duty under the statute (R.S. 2:81-8 and 34:15-66) to determine the law and facts independently of the finding thereon by the lower courts.

Accordingly we proceed to our duty to evaluate the testimony and determine the facts.

Petitioner was employed by respondent (hereinafter called employer) at its plant just outside of Trenton. On the day in question she came to work in the automobile of a fellow employee which automobile was then parked in a parking lot belonging to the employer. This parking lot was located across a highway from the plant in which petitioner was working.

At the close of her work petitioner left the plant and started for the parking lot to enter the automobile in which she came to work. As she was crossing the highway she was bumped into and thrown down by a fellow employee who was running across the highway and going to the same place. It was this fall which produced the injury in question, which injury was later aggravated by a fall on an icy pavement. If the injury is compensable at all, the employer concedes that it is liable for the effects of the second fall as well as the first.

Employer's plant is located on two sides of a public highway. Adjacent to this plant on each side of the highway are parking yards constructed and maintained by the employer for the use of its employees. The employer provides a traffic officer whose duties are to direct traffic of motor vehicles and to provide for the safe crossing of its employees. This officer was stationed in the center of the public highway between the two gates, and was on duty at the time of the accident.

The employer contends that this officer was placed there by it as a mere courtesy and that this accident happened not out of the employment but apart from it, with the necessary ...


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