Opinion
Argued November 23, 1953
Decided February 25, 1954
Appeal from the Supreme Court, Appellate Division, Third Department.
John M. Cullen for Special Disability Fund, appellant.
John Nielsen and John P. Smith for Weimet Film Co., Inc., and another, appellants.
Abraham Markhoff for claimant-respondent.
Order affirmed, with costs, and order absolute directed against appellants upon the stipulation and matter remitted to Workmen's Compensation Board with directions to make an award in favor of claimant.
Concur: LEWIS, Ch. J., CONWAY, DYE and FROESSEL, JJ. DESMOND, FULD and VAN VOORHIS, JJ., dissent and vote to reverse the order and to reinstate the determination of the Workmen's Compensation Board dismissing the claim, upon the ground that there was substantial evidence to sustain the board's decision that claimant suffered at most an eye injury, where, from a compensation standpoint, he was totally and permanently blind before the accident.