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sustain the losses alleged. FOURTH DEFENSE TO EACH COUNT. The plaintiff was guilty of contributory negligence in failing to exercise that degree of care and caution for her own safety which was reasonably necessary under the circumstances. FIFTH DEFENSE TO EACH COUNT. The plaintiff, by voluntarily entering into the employ of the defendant as alleged, under the circunstances which existed at the time, assumed the risk of any injury which she might or did suffer. SIXTH DEFENSE TO EACH COUNT. The plaintiff assumed the risks of the in- juries, if any, which she received and therefore cannot recover. SEVENTH DEFENSE TO EACH COUNT. The alleged wrongful acts of the defendant were those of fellow-servants of the plaintiff and therefore she cannot recover. EIGHTH DEFENSE TO EACH COUNT. That any of the injuries alleged to have been received or sustained by the plaintiff, Anita J. Burricelli, which said plaintiff did receive or sustain were received and sustained by said plaintiff at a time when the relation be- tween her and the defendant was that of employee and employer, and therefore, any rights and/or remedies which said plaintiff may have against the defendant were and are embraced by the terms and provisions of the Workmen's Compensation Act of the State of New Jersey, and are governed thereby, and therefore, this court has no jurisdiction over the subject matter of this suit, and the defendant hereby gives notice that at, upon or before the trial of this case it will move to dismiss the

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Document data

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75729076
Core
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Type
document
DTO data
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Context sent to Scholar

Document identity
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Document source metadata
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Document source extras
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Page context
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    "seq": 2,
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    "ocrText": "sustain the losses alleged.\nFOURTH DEFENSE TO EACH COUNT.\nThe plaintiff was guilty of contributory\nnegligence in failing to exercise that degree of care and\ncaution for her own safety which was reasonably necessary\nunder the circumstances.\nFIFTH DEFENSE TO EACH COUNT.\nThe plaintiff, by voluntarily entering into\nthe employ of the defendant as alleged, under the circunstances\nwhich existed at the time, assumed the risk of any injury which\nshe might or did suffer.\nSIXTH DEFENSE TO EACH COUNT.\nThe plaintiff assumed the risks of the in-\njuries, if any, which she received and therefore cannot recover.\nSEVENTH DEFENSE TO EACH COUNT.\nThe alleged wrongful acts of the defendant\nwere those of fellow-servants of the plaintiff and therefore\nshe cannot recover.\nEIGHTH DEFENSE TO EACH COUNT.\nThat any of the injuries alleged to have been\nreceived or sustained by the plaintiff, Anita J. Burricelli,\nwhich said plaintiff did receive or sustain were received and\nsustained by said plaintiff at a time when the relation be-\ntween her and the defendant was that of employee and employer,\nand therefore, any rights and/or remedies which said plaintiff\nmay have against the defendant were and are embraced by the\nterms and provisions of the Workmen's Compensation Act of the\nState of New Jersey, and are governed thereby, and therefore,\nthis court has no jurisdiction over the subject matter of this\nsuit, and the defendant hereby gives notice that at, upon or\nbefore the trial of this case it will move to dismiss the"
}