PIVARNIK, Justice, dissenting.
I dissent to the denial of transfer in this case.
It is uncontradicted that the plaintiff, whose grant of workmen's compensation benefits has been sustained, did throw a spring at his assailant and co-worker, shortly before that assailant threw a spring back at him, blinding plaintiff's eye. Whatever plaintiff's motives for his conduct, this conduct is clearly characterized in the law as "horseplay." Lincoln v. Whirlpool Corp...
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