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Bernstein Furniture Co. v. Kelly

Court of Errors and Appeals
Oct 9, 1935
180 A. 832 (N.J. 1935)

Opinion

Argued May 27, 1935 —

Decided October 9, 1935.

On appeal from the Supreme Court, whose opinion is reported in 114 N.J.L. 500.

For the prosecutor-appellant, Collins Corbin, Edward A. Markley and Charles W. Broadhurst.

For the respondent-appellee, David Roskein and John A. Laird.


The facts of this case are stated in the opinion of Mr. Justice Perskie in the Supreme Court. The case of Hall v. Doremus, 114 N.J.L. 47, therein cited, is in no way essential to the decision. Suffice it to say that an accidental strain of a heart, even though the heart was previously weakened by disease, may be a compensable injury under our statute when, as in this case, the accident arose out of and in the course of the employment.

The judgment is affirmed.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, PARKER, LLOYD, CASE, BODINE, DONGES, VAN BUSKIRK, HETFIELD, DEAR, WELLS, JJ. 11.

For reversal — None.


Summaries of

Bernstein Furniture Co. v. Kelly

Court of Errors and Appeals
Oct 9, 1935
180 A. 832 (N.J. 1935)
Case details for

Bernstein Furniture Co. v. Kelly

Case Details

Full title:BERNSTEIN FURNITURE COMPANY, PROSECUTOR-APPELLANT, v. ISABELLA KELLY…

Court:Court of Errors and Appeals

Date published: Oct 9, 1935

Citations

180 A. 832 (N.J. 1935)
180 A. 832

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