Marotta v. Fabi

This is a workmen’s compensation case. The deputy commissioner dismissed the petition. On appeal, the Atlantic Common Pleas reversed, and awarded compensation. The employer sued out the present writ.

Apart from technical questions of costs and counsel fee, the dispute is solely on weight and sufficiency of evidence as to the occurrence of an accident on May 9th, 1934. The other elements of recovery are not challenged. The history of the case is that petitioner worked for defendant, a contractor, as a concrete finisher, and in December, 1933, sustained a more or less severe sprain of the right…