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Arrington v. Goldstein

Decided: November 17, 1952.

LEOLA ARRINGTON, PETITIONER-RESPONDENT,
v.
BENJAMIN GOLDSTEIN, M.D., AND ANOTHER, RESPONDENTS-APPELLANTS



McGeehan, Bigelow and Smalley. The opinion of the court was delivered by Bigelow, J.A.D.

Bigelow

The sole question is whether the accident in which Mrs. Arrington, the respondent, was injured, arose out of and in the course of her employment so as to entitle her to compensation under the Workmen's Compensation Law.

Respondent was employed in the Santander, an apartment hotel in Asbury Park. She lived some distance away and went daily to work by bus. On November 25, 1950 there was a terrible storm that caused much damage in Asbury Park and elsewhere in the State. The wind reached 80 miles an hour. Hoping the storm would moderate, Mrs. Arrington delayed starting for work until 10:30. She testified that when she alighted from the bus and made her way toward the Santander, which stands back 25 feet or so from the sidewalk, she reached a point about four feet from the entrance. This was well within the bounds of the Santander premises.

"And then what happened? * * * There's a rod standing there. A rod that -- oh, an iron or something. I caught on that and held

on to that. When I turned loose and started to walk in the steps the wind came from all directions around and pushed me back and I tried to pull back and I couldn't and I fell and I fell. I rolled over. I don't know how many times. * * *

And do you know approximately how far you were rolled by the wind? About half ways from the steps to the place out as you go toward the --

Toward the curb? Yes.

Did anybody help you? There were two men. I began to scream and two men came. * * * They took me up and take me into the building."

On cross-examination:

"But you finally came to rest, where these men picked you up, on the grounds of the Santander Apartments? That's right. * * *

Now, as a matter of fact, weren't you picked up by the men in the public street near the grass spot? I was not."

To explain the last question, we note that there is a strip of grass along the centre of the street, ...


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