RUGG v. DRIWOOD CORP., 127 N.J.L. 598 (1942)

23 A.2d 404

MEYER RUGG, DEFENDANT-RESPONDENT, v. DRIWOOD CORPORATION, PROSECUTOR-APPELLANT.

Court of Errors and Appeals.Submitted October 31, 1941 —
Decided January 9, 1942.

On appeal from a judgment of the Supreme Court, whose opinion is reported in 126 N.J.L. 566.

For the prosecutor-appellant, John W. Taylor and Harry E. Walburg.

For the defendant-respondent, S. Martin Mandon and Martin Kimmel.

PER CURIAM.

This is an appeal from a judgment of the Supreme Court o certiorari affirming an award in favor of a workman in a case of hernia resulting from strain. In so far as the questions sought to be raised may be raised on appeal in this court we are in accord with the opinion of Mr. Justice Perskie in the Supreme Court.

The judgment is affirmed.

Page 599

COLIE, J. (Dissenting.)

My vote is for a reversal, for the reason expressed in a dissent filed this day in DiMieri v. Metafield, Inc., 127 N.J.L. 597.

Mr. Justice Case has authorized me to say that he acquiesces in this opinion.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, DONGES, HEHER, DEAR, WELLS, WOLFSKEIL, RAFFERTY, HAGUE, THOMPSON, JJ. 10.

For reversal — PARKER, CASE, COLIE, JJ. 3.