Bernstein Furniture Co. v. Kelly

• Decision Date: 09 October 1935
• Docket Number: No. 82.,82.
• Parties: BERNSTEIN FURNITURE CO. v. KELLY.
• Court: New Jersey Supreme Court

180 A. 832

BERNSTEIN FURNITURE CO.

v. KELLY.

No. 82.

Court of Errors and Appeals of New Jersey.

Oct. 9, 1935.

Appeal from Supreme Court.

Proceeding under the Workmen's Compensation Act by Isabella Kelly for the death of her common-law husband, Walter Brooks, claimant, opposed by the Bernstein Furniture Company, employer. From a judgment affirming an award to claimant (114 N. J. Law, 500, 177 A. 554), the employer appeals.

Judgment affirmed.

Collins & Corbin, Edward A. Markley, and Charles W. Broadhurst, all of Jersey City, for appellant.

David Roskein and John A. Laird, both of Newark, for appellee.

PER CURIAM.

The facts of this case are stated in the opinion of Mr. Justice Perskie in the Supreme Court reported in 114 N. J. Law, 500, 177 A. 554. The case of Hall v. Doremus, 114 N. J. Law, 47, 175 A. 369 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, the CHIEF JUSTICE, Justices PARKER, LLOYD, CASE, BODINE, and DONGES, and Judges VAN BUSKIRK, HETFIELD, DEAR, and WELLS—11.

For reversal: None.