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SMITH v. MIELE

1 N.J. Super. 158 (1948)

62 A.2d 826

CLARA SMITH, PLAINTIFF-APPELLANT, v. ANDREW H. MIELE AND FRANK MIELE, T/A MIELE BROTHERS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 29, 1948.

Attorney(s) appearing for the Case

Mr. Irving Siegler argued the cause for plaintiff-appellant (Messrs. Siegler & Siegler, attorneys).

Mr. Bernard Herman argued the cause for defendants-respondents (Mr. Henry M. Grossman, attorney).

Before Judges McGEEHAN, DONGES and COLIE.

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

This workmen's compensation case comes up on certiorari to the Essex County Court of Common Pleas, now the Essex County Court. In the compensation bureau, plaintiff had an award based upon a finding of partial dependency. The county court reversed and dismissed the petition on the ground that any finding of the amount of decedent's contributions "would have to rest on speculation, rather than credible evidence...

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