Milne v. Atl. Mach. Tool Works Inc., 243.

• Decision Date: 09 September 1948
• Docket Number: No. 243.,243.
• Parties: MILNE v. ATLANTIC MACH. TOOL WORKS, Inc.
• Court: New Jersey Supreme Court

137 N.J.L. 583
61 A.2d 225

MILNE
v.
ATLANTIC MACH. TOOL WORKS, Inc.

No. 243.

Supreme Court of New Jersey.

Sept. 9, 1948.

Workmen's compensation proceeding by Anna B. Milne, opposed by Atlantic Machine Tool Works, Inc., employer, for compensation for death of Edward Milne, deceased employee. To review a judgment reversing action of Workmen's Compensation Bureau, employer brings certiorari.

Judgment affirmed.

May term, 1948, before DONGES, COLIE, and EASTWOOD, JJ.

Henry M. Grosman and Isidor Kalisch, both of Newark, for prosecutor.

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

PER CURIAM.

On appeal from a judgment of the Essex County Court of Common Pleas, entered on order of Judge Hartshorne who filed the following opinion:

‘In this Workmen's Compensation appeal the workman, Edward Milne, fifty-three years of age, was working for respondent, Atlantic Machine Tool Works, Inc., at a bench on November 9, 1943. Previous thereto he had been in apparently good health. He was trying to loosen a heavy vise when the handle sprung loose and struck him on the outer part of the left thigh. One of his fellow employees, who saw the accident, saw him turn white from pain, and told him to take it easy. He left work early, and his wife testifies he was limping when he got home. Both his wife and his son observed a swelling and redness where he was hit, as above. Nevertheless, since the blow then appeared to be but minor, he continued to work, though limping. This continued for about a week, but since his leg did not improve, he then saw a doctor, who found tenderness in the area complained of, the external marks of the blow having subsided.

‘Since there were no signs of a blow, but only an ache and limp toward the hip joint, the doctor at first diagnosed petitioner's difficulty as rheumatic. However, there still being no improvement Milne returned to Dr. Dukes a week or so later. The doctor then apparently questioned petitioner further, and was told of the above blow with the vise handle, which, probably because of its apparently minor nature, petitioner had not spoken of at his first visit to the doctor. Thereafter, Milne's leg became progressively worse, till he was admitted to the hospital in December, an operation performed at the place where the blow had occurred, the bone scraped due to the finding of an osteomyelitis, a specimen of the tissue taken, and a diagnosis made of epidermoid carcinoma, a cancer ordinarily arising, not in the bone, but in the...