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Donnelly v. Wright Aeronautical Corp.

Supreme Court of New Jersey
Oct 1, 1946
49 A.2d 17 (N.J. 1946)

Opinion

Submitted May 7, 1946 —

Decided October 1, 1946.

In this case there was evidence of a ten per cent. disability based solely upon disfigurement in addition to twenty per cent. loss of vision.

On certiorari.

Before CASE, CHIEF JUSTICE, and Justices HEHER and COLIE.

For the prosecutor, John W. Taylor.

For the respondent, Nathan Isadore Rabinowitz.


The single question for determination is whether the evidence warranted the court below in finding that the injured employee sustained a loss of vision in his left eye amounting to 30%. Dr. Atwood called on behalf of the injured workman found a 20% loss of vision which was due to a scar on the cornea; Dr. Lobsenz on behalf of the employer testified that "ten per cent. disability could be allowed considering the disfigurement caused by the scar, and my estimate was ten per cent. disability." While differing greatly as to the extent of the disfigurement involved, the case of Everhart v. Newark Cleaning and Dyeing Co., 120 N.J.L. 474, is authority for an award based upon disfigurement. In the instant case there was evidence of a 10% disability based solely upon disfigurement in addition to the 20% loss of vision. In this situation we are of the opinion that the evidence fully supports the award in the Bureau and its affirmance by the Common Pleas.

The judgment is affirmed, with costs.


Summaries of

Donnelly v. Wright Aeronautical Corp.

Supreme Court of New Jersey
Oct 1, 1946
49 A.2d 17 (N.J. 1946)
Case details for

Donnelly v. Wright Aeronautical Corp.

Case Details

Full title:JACK DONNELLY, RESPONDENT, v. WRIGHT AERONAUTICAL CORPORATION, PROSECUTOR

Court:Supreme Court of New Jersey

Date published: Oct 1, 1946

Citations

49 A.2d 17 (N.J. 1946)
49 A.2d 17

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