85 N.J.L. 432 | N.J. | 1914
The opinion of the court was delivered by
We think the evidence justified a finding that Klotz’s death was due to an accident arising out of and in the course of his employment. The case is /within the rule of Bryant v. Fissell, 55 Vroom 72.
The question of the effect of the release of the street railway company is more troublesome. The defendant appeals to the rule established in Weber v. Morris and Essex Railroad Co., 6 Vroom 409; 7 Id. 213, and in Monmouth County Fire Insurance Co. v. Hutchinson et al., 6 C. E. Gr. 107. It is true that the present defendant is not an insurer, but we are not prepared to say that that fact alone takes, the case out of the reason of the rule as stated in the eases referred to, and by Chief Justice Shaw in the case on which they relied. Hart v. Western Railroad Corporation, 13 Metc. 99. We think, however, that the present ease is not governed by that rule, for the reason that to so hold would conflict with the intention of the act of 1911, under which this suit is brought. That act ivas meant to insure compensation to workmen not generally Imt by way of weekly payments in lieu of wages. It therefore partakes to some extent of the nature of a pension, and .we have held that there must be specific findings of fact to warrant an order commuting the payments into a lump sum. New York Shipbuilding Co. v. Buchanan, 55 Vroom 543. This object of the act is especially emphasized by the amendment of 1913 (Pamph. L., p. 309), which declares that it is the intention that the compensation payments are in lieu of wages and are to be received by the employe or his dependents in the same manner in which wages are ordinarily-paid; that commutation is a departure from the normal method of payment to be allowed only under unusual circumstances and not for the purpose of enabling the injured
It is urged that the court erred in allowing compensation, as in case of four children, when two of the four were only stepchildren. The evidence shows that the deceased supported the stepchildren and bought their clothes and shoes. We think this fact justified the judge in allowing for them as actual dependents. Mulhearn v. McDavitt, 16 Gray 404. The amendment of 1913 (Pamph. L., p. 305) removes all doubt on this point for cases arising since its passage, and we find nothing in the language of the act of 1911 to prevent us from adopting the same construction. The important words are “actual dependents.” The word “children” may well be held to include dependent stepchildren.
The judgment is affirmed, with costs.