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SWINTON v. GREGORY STEEL WELDING & FABRICATING CO.

61 N.J. 538 (1972)

296 A.2d 641

NORMAN SWINTON, PETITIONER-APPELLANT, v. GREGORY STEEL WELDING & FABRICATING CO., RESPONDENT-APPELLEE.

The Supreme Court of New Jersey.

Decided November 6, 1972.

Attorney(s) appearing for the Case

Mr. Joseph D. Haggerty argued the cause for appellant (Messrs. Haggerty & Farley, attorneys).

Mr. Brian C. Harris argued the cause for appellee (Messrs. Braff, Litvak, Ertag & Wortmann, attorneys).

The opinion of the Court was delivered by SULLIVAN, P.J.A.D., Temporarily Assigned.

This is a workmen's compensation case in which the petitioner alleged that he sustained a diaphragmatic hernia by accident arising out of and in the course of his employment with respondent. The matter went to trial in the Division of Workmen's Compensation and at the conclusion of petitioner's presentation of proofs, on respondent's motion, the claim was dismissed on the ground that...

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