Francis A. Vogt, Jr., by His Next Friend, Francis A. Vogt, Sr., Petitioner-Appellant v. Borough of Belmar…

Summary

The Supreme Court of New Jersey held that a junior member of a volunteer fire company who performed fire‑fighting duties qualifies as an "active volunteer fireman" under the Workmen’s Compensation Act and is therefore entitled to compensation. The Court applied the doctrines of waiver and estoppel to prevent the municipality from invoking its ordinance to deny benefits, and it rejected the requirement that a traditional master‑servant relationship exist.