Decided: January 31, 1938.
JACOB REKOON, EXECUTOR OF LEOPOLDO R. TORRES, DECEASED, PETITIONER-APPELLEE, DEFENDANT IN CERTIORARI,
GENERAL LEAD BATTERIES COMPANY, RESPONDENT-APPELLANT, PROSECUTOR IN CERTIORARI
For the prosecutor, Kellogg & Chance.
For the defendant, Avidan & Avidan.
Before Justices Bodine, Heher and Perskie.
[119 NJL Page 296]
In examining this application for a writ of certiorari, we concur with the findings of the bureau and the Court of Common Pleas that there was an accident arising out of and in the course of the employment. The employe suffering from tuberculosis, while lifting a heavy weight, felt a sudden strain which resulted in a hemorrhage. The reasoning in Bernstein v. Kelly, 114 N.J.L. 500; affirmed, 115 Id. 500, is controlling.
The application will be denied.