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KULODZEJ v. LEHIGH VALLEY RAILROAD CO.

39 N.J. Super. 268 (1956)

120 A.2d 763

STANESLAW KULODZEJ, PLAINTIFF-RESPONDENT, v. LEHIGH VALLEY RAILROAD COMPANY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 24, 1956.

Attorney(s) appearing for the Case

Mr. James B. Emory argued the cause for the defendant-appellant (Messrs. Emory, Langan & Lamb, attorneys; Mr. Charles W. Broadhurst and Mr. James J. Langan, of counsel and on the brief).

Mr. Aaron B. Weingast argued the cause for the plaintiff-respondent (Mr. Joseph A. Pennica, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by FREUND, J.A.D.

On March 9, 1954 the plaintiff, a laborer employed by the defendant, was digging with a pick in a ditch of hard rock or shale, when a small stone or piece of shale struck his right eye. On March 18 he complained to his doctor that he could not see out of his right eye. Upon examination the doctor found the eye had been perforated and four days later it was enucleated.

Although the plaintiff has been...

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