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SCHWEIZER v. ELOX DIV. OF COLT INDUSTRIES

70 N.J. 280 (1976)

359 A.2d 857

HOWARD SCHWEIZER, PLAINTIFF, v. ELOX DIVISION OF COLT INDUSTRIES, DEFENDANTS-THIRD PARTY PLAINTIFFS-APPELLANT. STANLEY J. KRAWCZUK AND CAROLYN KRAWCZUK, PLAINTIFFS, v. ELOX DIVISION OF COLT INDUSTRIES, DEFENDANT-THIRD PARTY PLAINTIFFS-APPELLANT. LINDA BARTON, ADMINISTRATRIX AD PROSEQUENDUM, ETC., PLAINTIFF, v. ELOX DIVISION OF COLT INDUSTRIES, DEFENDANT-THIRD PARTY PLAINTIFF-APPELLANT AND GENERAL ELECTRIC COMPANY DEFENDANT-THIRD PARTY PLAINTIFF-APPELLANT, v. SENTRY INSURANCE COMPANY, STATUTORY SUBROGEE OF METEM CORPORATION, THIRD PARTY DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 11, 1976.

Attorney(s) appearing for the Case

Mr. Bernard F. Conway argued the cause for appellants (Messrs. Conway & Belsole, attorneys; Mr. E. Neal Zimmermann on the brief).

Mr. John J. Ronca argued the cause for respondent (Messrs. Ronca & McDonald, attorneys).

The opinion of the court was delivered by CONFORD, P.J.A.D., Temporarily Assigned.

We are asked on this appeal to alter the construction of the employer-subrogation provisions of the Workmen's Compensation Act (N.J.S.A. 34:15-40) from that consistently understood and practically applied in this State by those concerned therewith over the years.

The act provides, expressly and without qualification, that the...

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