Fisher v. Tidewater Building Co.

96 N.J.L. 103, 11 Gummere 103, 114 A. 150 (1921)

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Fisher v. Tidewater Building Co.

New Jersey Supreme Court
96 N.J.L. 103, 11 Gummere 103, 114 A. 150 (1921)

Facts

Abraham Fisher was employed by Tidewater Building Company (Tidewater) (defendant) in Gloucester City, New Jersey. Tidewater provided its employees with free transportation to and from work on a shuttle train that took the employees from a nearby train station to a ferry station in Camden, New Jersey. On September 10, 1918, Fisher was attempting to board the shuttle train to go home after his shift ended when Fisher was struck and killed by another train. The New Jersey Workmen’s Compensation Bureau awarded workers’-compensation benefits to Fisher’s widow (plaintiff). Tidewater appealed to the Camden County court of common pleas, asserting that workers’-compensation benefits could be awarded only if a worker’s injury arose out of and in the course of employment. According to Tidewater, the workers’-compensation award to Fisher’s widow was inappropriate because Fisher’s death had occurred at the train station after Fisher’s shift had ended, which arguably meant that the death had not arisen out of and in the course of Fisher’s employment. The court of common pleas set aside the award, and Fisher’s widow appealed to the New Jersey Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Black, J.)

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