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DUDLEY v. VICTOR LYNN LINES, INC.

28 N.J. 576 (1959)

147 A.2d 793

WINNIE DUDLEY, AS ADMINISTRATRIX OF THE GOODS, CHATTELS AND EFFECTS OF RAYMOND L. DUDLEY, DECEASED, AND AS ADMINISTRATRIX AD PROSEQUENDUM OF RAYMOND L. DUDLEY, DECEASED, PLAINTIFF-RESPONDENT, v. VICTOR LYNN LINES, INC., A CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Reargued January 6, 1959.

Decided January 20, 1959.

Attorney(s) appearing for the Case

Mr. William R. Morrison argued the cause for appellant Victor Lynn Lines, Inc. (Messrs. Morrison, Lloyd & Griggs, attorneys).

Mr. Aaron Gordon argued the cause for respondent (Messrs. Hirschberg, Nashel, Zorn & Cronson, attorneys; Mr. Aaron Gordon, of counsel).

Messrs. Carpenter, Bennett & Morrissey filed a brief amicus curiae for workmen's compensation insurance carrier of defendant-appellant Victor Lynn Lines, Inc. (Mr. Carl S. Kuebler, of counsel).

The opinion of the court was delivered PER CURIAM.

Deceased died from a heart attack experienced while he was physically in the course of his employment. A death action was instituted at law on the thesis that the claim was beyond article 2 of the Workmen's Compensation Act. Plaintiff contended the defendant employer negligently failed to furnish medical aid (1) despite the demands of the "humane instincts doctrine" and (2) despite a voluntary undertaking to furnish...

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