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CUNA v. BD. OF FIRE COM'RS

42 N.J. 292 (1964)

200 A.2d 313

ROBERT J. CUNA, PETITIONER-APPELLANT, v. BOARD OF FIRE COMMISSIONERS, AVENEL, NEW JERSEY, RESPONDENT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 4, 1964.

Attorney(s) appearing for the Case

Mr. Alfred J. Hill argued the cause for petitioner-appellant (Messrs. Wilentz, Goldman & Spitzer, attorneys).

Mr. Louis J. Douglass argued the cause for respondent-respondent (Messrs. Mead, Gleeson, Hansen & Pantages, attorneys).

The opinion of the court was delivered by SCHETTINO, J.

This is a workmen's compensation case in which a volunteer fireman seeks compensation.

The facts are not in dispute. In early 1959, Robert J. Cuna, the petitioner-appellant, joined the Avenel Fire Company No. 1, a volunteer fire company. Shortly after joining, Cuna was asked by the company's athletic chairman to play on the company's softball team. Cuna stated...

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