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Bernstein Furniture Co. v. Kelly

New Jersey Supreme Court


Decided: October 9, 1935.

BERNSTEIN FURNITURE COMPANY, PROSECUTOR-APPELLANT,
v.
ISABELLA KELLY, RESPONDENT-APPELLEE

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.

[115 NJL Page 501]

PER CURIAM.

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.

19351009


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