DEMPSEY v. EAGLE PICHER COMPANY


1 N.J. Super. 119 (1948)

62 A.2d 737

PAUL DEMPSEY, PLAINTIFF-APPELLANT, v. EAGLE PICHER COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 1948.


Attorney(s) appearing for the Case

Mr. John A. Laird argued the cause for the plaintiff-appellant (Mr. Fred Freeman, attorney).

Mr. Herman M. Wilson argued the cause for the defendant-respondent.

Before Judges JACOBS, EASTWOOD and BIGELOW.


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

We have carefully examined the evidence and agree with the Common Pleas that the prosecutor has not sustained the burden of proving that the impairment of the vision of his left eye was caused or aggravated by the accident which occurred in the course of his employment by the respondent.

The prosecutor was working at a furnace containing molten lead on November 23, 1945, when some of the lead spattered...

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