TaiLexi AI U.S. Case Law

Gruber v. Mercy

GERTRUDE GRUBER v. EUGENE MERCY

Gruber v. Mercy, 145 A. 106 (N.J. 1929)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of New Jersey · State Highest Courts
Decided
March 11, 1929
Judges
Ctjeiam
Citations
145 A. 1067 N.J. Misc. 2411929 N.J. Sup. Ct. LEXIS 363

Opinion of the Court — Ctjeiam

Text extracted by OCR from a scanned original; check the original for exact wording.

Pee Ctjeiam.

This was an action by Gertrule Gruber, plaintiff, to recover damages from the defendant, her employer, for injuries received while she was riding in the defendant’s car at his invitation. There was a verdict for the plaintiff and the defendant appeals.

The defendant’s sole contention in-the case, as stated in appellant’s brief, is that the accident is governed by the Workmen’s Compensation law, and that recovery could only be had thereunder. The court below held to the contrary.

The plaintiff was going to work. She had been employed by the defendant but four days and without, prior arrangement of any kind, or without any understanding arising out of the terms of her employment, the latter invited her and her companion, a man named Potoker, to get in his car, saying “he would take them down.” In the course of the trip an accident happened and plaintiff was injured. The act of the employer was simply one of courtesy wholly disconnected from the relation of master and servant.

The learned trial judge rightly held that the injury did not “arise out of and in the course of” the plaintiff’s employment.

The judgment is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1931: 21933: 11938: 11941: 21943: 119312026peak 1931 · 2

Relies on it most ⓘ

  1. American Mutual Liability Insurance v. Curry200 S.E. 150 (Ga. 1938)
  2. Smith v. Industrial Accident Commission118 P.2d 6 (Cal. 1941)
  3. Trussless Roof Co. v. Industrial Accident Commission6 P.2d 254 (Cal. Ct. App. 1931)
  4. Southern States Manufacturing Co. v. Wright200 So. 375 (Fla. 1941)
  5. Pillen v. Workmen's Compensation Bureau235 N.W. 354 (N.D. 1931)
  6. City & County of San Francisco v. Industrial Accident Commission142 P.2d 760 (Cal. Ct. App. 1943) · Dissent

Most recent

  1. City & County of San Francisco v. Industrial Accident Commission142 P.2d 760 (Cal. Ct. App. 1943) · Dissent
  2. Smith v. Industrial Accident Commission118 P.2d 6 (Cal. 1941)
  3. Southern States Manufacturing Co. v. Wright200 So. 375 (Fla. 1941)
  4. American Mutual Liability Insurance v. Curry200 S.E. 150 (Ga. 1938)
  5. Rader v. Keeler18 P.2d 360 (Cal. Ct. App. 1933)
  6. Trussless Roof Co. v. Industrial Accident Commission6 P.2d 254 (Cal. Ct. App. 1931)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list