Fisher v. Tidewater Bldg. Co. - 96 N.J.L. 103, 114 A. 150 (1921)

Rule:

When an injury occurs to an employee before the beginning or after the termination of work, there are two general rules applicable to the question of whether the injury arose out of and in the course of the employment. The first is that an employee, while on his way to work, is not in the course of his employment. The second is that where the workman is employed to work at a certain place, and as a part of his contract of employment there is an agreement that his employer shall furnish him free transportation to or from his work, the period of service continues during the time of transportation, and if an injury occurs during the course of transportation, it is held to have arisen out of and in the course of the employment.

Facts:

While attempting to board a shuttle train provided for the employees by respondent employer, the employee was struck by a train and killed. The Workmen's Compensation Bureau made an award of compensation to the widow, but the trial court set the award aside, finding that the employee was not killed while acting in the scope of his employment. The widow appealed. 

Issue:

Was the employee killed while acting in the scope of his employment, thereby entitling the widow to the award? 

Answer:

Yes.

Conclusion:

The court reversed the judgment of the trial court, noting that the method of furnishing such transportation was for the company to give the employee tickets for his transportation upon the train, which were surrendered to the conductor on the shuttle train as fare. The employee paid nothing to the employer, except his work. The court then noted the rule that where the workman was employed to work at a certain place, and as a part of his contract there was an agreement that his employer was to furnish him free transportation to or from his work, the period of service continued during the time of transportation. Accordingly, the widow was entitled to the award.