Supreme Court of New Jersey
Edward Tocci, Plaintiff-Appellant v. Tessler & Weiss, Inc., Defendant-Respondent
January 20, 195928 N.J. 582
Summary
The Supreme Court of New Jersey reversed the lower courts, holding that the plaintiff's clavicle fracture sustained while playing a customary, employer‑encouraged softball game during the lunch hour was compensable under the Workmen's Compensation Act because the activity was incidental to employment. Justice Jacobs noted that the employer’s permission and support made the recreation a regular incident of employment, and a dissent argued the opposite.