Opinion
Argued May 17, 1945 —
Decided September 27, 1945.
On appeal from a judgment of the Supreme Court, where the following opinion was filed by Mr. Justice Bodine:
"This is a workmen's compensation case. The Bureau dismissed the petition for the following reasons: "Solely for his own convenience and pleasure the petitioner saw fit to go to a resort hotel in Verona to be in the company of his wife. His home and place of business was in Irvington. The job to which he was going at the time of the alleged accident was located in Irvington. This case clearly falls within the line of cases that hold that such deviation from the employment takes the injured out of the scope of the Workmen's Compensation Act. While the petitioner was admittedly on his way to a job at the time of the accident, he had not reached same, nor as a matter of fact was he anywhere near the vicinity of same at the time of the accident. He was on his way to work over a route which he was forced to take because he had spent the night before at the resort hotel mentioned, and with no benefit or value to his employer whatsoever being associated with this venture. The accident occurred outside of the scope of the employment, arising neither out of nor in the course of the employment.
"The Court of Common Pleas affirmed the action taken.
"This court does not lightly disturb the findings of fact by two concurring tribunals. Indeed we concur in the conclusion reached below and find the fact to be that the prosecutor's injuries did not arise in or out of the course of his employment.
"The judgment will be affirmed."
For the appellant, David Roskein and John A. Laird.
For the respondents, Arthur T. Vanderbilt and G. Dixon Speakman.
The judgment under review is affirmed, for the reasons expressed in the opinion of Mr. Justice Bodine, ubi supra. For affirmance — THE CHANCELLOR, CHIEF JUSTICE, PARKER, DONGES, HEHER, PERSKIE, COLIE, WELLS, RAFFERTY, DILL, FREUND, JJ. 11.
For reversal — None.