Opinion
May 11, 1955.
Appeal from Court of Claims.
Present — McCurn, P.J., Vaughan, Kimball, Piper and Van Duser, JJ.
Order modified in accordance with the memorandum and, as modified, affirmed, without costs of this appeal to either party. Memorandum: We think the order made is substantially correct. However, it is conceded by claimant that paragraph marked (2) should be amended by adding after the word "acquisition" the words "and prior to the accident". The order should be amended accordingly. We also think the words "or on similar machines" in the same paragraph should be stricken from the order. The question of fact depends upon the condition of the machine from which claimant received his injuries and not the condition of a "similar" machine. All concur.