Minnesota Supreme Court, 1933

Ekelund v. W. N. Cardozo Co.

Ekelund v. W. N. Cardozo Co.
Minnesota Supreme Court · Decided June 9, 1933 · <italic>PER CURIAM</italic>.
248 N.W. 824; 189 Minn. 228; 1933 Minn. LEXIS 765 (North Western Reporter)

Ekelund v. W. N. Cardozo Co.

Opinion of the Court

PER CURIAM.

Certiorari to the industrial commission to review a denial of compensation.

An eye injury is involved, due, as relator claims, to a severe bump on the head, arising out of and in the course of his employment. His own testimony and that of a corroborating witness are in direct opposition to a reasonable inference from declarations made by relator to physicians immediately after the date of the alleged injury, September 27, 1929. Those declarations were silent, and so negative, as to trauma. The decision of the commission was put upon the ground that relator’s subsequent testimonial narrative of preceding occupational injury was an afterthought. The record presents an issue of fact, the decision of which by the commission is final.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.