Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kossack v. Town of Bloomfield

Decided: October 14, 1960.

PAUL KOSSACK, PETITIONER-RESPONDENT,
v.
TOWN OF BLOOMFIELD, RESPONDENT-APPELLANT



Masucci, J.c.c.

Masucci

This is an appeal from an award of the Workmen's Compensation Bureau in favor of petitioner.

The facts are not in dispute. The petitioner was a police officer in the Town of Bloomfield on January 15, 1958 when, while at home, he undertook and did clean his service revolver,

reloaded it and was in the act of restoring it to its holster when it slipped out of his hand and as the petitioner went to grab it before it hit the floor, the gun went off and he was accidentally shot in his right foot.

The issue is whether such an accident, because it happened in the petitioner's home and not during the course of his regular hours of active duty, is an accident which arose out of and in the course of his employment with the respondent so as to entitle the petitioner to workmen's compensation.

It is well settled and we start with the premise that the Workmen's Compensation Act is a remedial law of prime importance and should be liberally construed. Sanders v. Jarka Corp. , 1 N.J. 36 (1948).

In support of its contention that the accident did not arise out of and in the course of the petitioner's employment, the respondent cites the cases of Crotty v. Driver-Harris Co. , 45 N.J. Super. 75 (Cty. Ct. 1957), affirmed 49 N.J. Super. 60 (App. Div. 1958); Reinhold v. Town of Irvington , 134 N.J.L. 416 (Sup. Ct. 1946) and Jasaitis v. City of Paterson , 48 N.J. Super. 103 (App. Div. 1957), affirmed 31 N.J. 81 (1959).

The Crotty-Driver case, at 45 N.J. Super. 79, after stating that the phrase "arising out of" refers to the origin or cause of the accident and the term "in the course of" refers to the time, place and circumstances under which the accident took place, proceeds to quote Belyus v. Wilkinson, Gaddis & Co. , 115 N.J.L. 43, 47 (Sup. Ct. 1935):

"* * * An accident arises 'in the course of' the employment when it occurs (a) within the period of the employment; and (b) at a place where the employe may reasonably be; and (c) while he is reasonably fulfilling the duties of the employment, or doing something incidental to it. It arises 'out of' the employment when the risk of such an occurrence is reasonably incident to the employment. Such a risk is one that grows out of or is connected with what a workman has to do in fulfilling his contract of service. And a risk may be incident to the employment when it is either an ordinary risk, directly connected therewith, or one extra-ordinary in character, indirectly connected with the employment because of its special nature * * *."

The petitioner had the duty of keeping his service revolver at all times clean and serviceable. In cleaning the revolver he was, therefore, unquestionably fulfilling the duties of his office.

There was nothing in the Police Regulations or any instructions given by the Superior Officers as to either the time or place of cleaning his service gun. According to the testimony of the Chief of Police of respondent town, a police officer was not to clean his weapon while on duty. It then necessarily follows that he must clean it while off duty and on his own time. While it appears that police officers were supplied facilities and a place where their revolvers could be cleaned, there was no order or regulation restricting the cleaning of revolvers to the place and facilities provided by said department. Therefore, it is reasonable to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.