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BACON v. ATLANTIC CITY TRANSP. CO.

72 N.J. Super. 541 (1962)

178 A.2d 654

CHARLES BACON, PETITIONER-APPELLANT, v. ATLANTIC CITY TRANSPORTATION COMPANY, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 16, 1962.

Attorney(s) appearing for the Case

Mr. Isaac C. Ginsburg argued the cause for appellant.

Mr. Herbert Horn argued the cause for respondent (Messrs. Lloyd, Horn, Megargee & Steedle, attorneys; Mr. Horn, of counsel).

Before Judges PRICE, SULLIVAN and LEWIS.

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

Since the argument on appeal in this workmen's compensation heart case, Dwyer v. Ford Motor Company, 36 N.J. 487 (1962) has been decided. Our study of the present record, and applying the principle enunciated in Dwyer that "compensability arises whenever the required exertion is too great for the man undertaking the work, whatever the degree of exertion or condition...

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