Wall v. F. Ferguson & Son

Supreme Court of New Jersey

Wall v. F. Ferguson & Son

61 A.2d 7, 137 N.J.L. 541, 1948 N.J. Sup. Ct. LEXIS 54

DecidedAugust 30, 1948

StatusPublished

This text of 61 A.2d 7 (Wall v. F. Ferguson & Son) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wall v. F. Ferguson & Son, 61 A.2d 7, 137 N.J.L. 541, 1948 N.J. Sup. Ct. LEXIS 54 (N.J. 1948).

Pincite

Opinion

Per Curiam.

This certiorari is brought to review a judgment of the Hudson County Court of Common Pleas awarding compensation *542 to Joseph Wall to the extent of 100% of the left eye, together with certain medical allowances and counsel fees. The judgment in the Common Pleas is an affirmance of the award in the Workmen’s Compensation Bureau.

Essentially, this is a fact case and while we do not lightly disturb the fact findings of the two lower tribunals, nevertheless it is our duty to arrive at an. independent finding upon an examination of the record. We have done so and from the evidence find the facts to be that on December 31st, 1943, the employee, while knocking a sand mold apart, was struck in the left eye. He immediately washed out his eyes with boric acid, attended a clinic in New York that night for treatment, and six days after the incident, informed the shop foreman thereof but continued to work for several days, when his vision failed. There was corroboration in part of this through his landlady. The medical testimony on behalf-of the petitioner was that he sustained a detachment of the retina which had been caused by the accident of December 31st. There was a dispute as to whether the employer received notice of the accident. Both of the lower courts found that the employer had notice of the accident and we so find that fact.

The writ of certiorari is dismissed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

This certiorari is brought to review a judgment of the Hudson County Court of Common Pleas awarding compensation *542 to Joseph Wall to the extent of 100% of the left eye, together with certain medical allowances and counsel fees. The judgment in the Common Pleas is an affirmance of the award in the Workmen’s Compensation Bureau.

Essentially, this is a fact case and while we do not lightly disturb the fact findings of the two lower tribunals, nevertheless it is our duty to arrive at an. independent finding upon an examination of the record. We have done so and from the evidence find the facts to be that on December 31st, 1943, the employee, while knocking a sand mold apart, was struck in the left eye. He immediately washed out his eyes with boric acid, attended a clinic in New York that night for treatment, and six days after the incident, informed the shop foreman thereof but continued to work for several days, when his vision failed. There was corroboration in part of this through his landlady. The medical testimony on behalf-of the petitioner was that he sustained a detachment of the retina which had been caused by the accident of December 31st. There was a dispute as to whether the employer received notice of the accident. Both of the lower courts found that the employer had notice of the accident and we so find that fact.

The writ of certiorari is dismissed, with costs.

Cite This Page — Counsel Stack

Bluebook (online)

61 A.2d 7, 137 N.J.L. 541, 1948 N.J. Sup. Ct. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wall-v-f-ferguson-son-nj-1948.