McKenzie v. Brixite Manufacturing Co.

The opinion of the court was delivered by

Eoley, J. A. D.

Petitioner was awarded a judgment in the Workmen’s Compensation Division which was affirmed by the County Court. Respondent appeals.

*465McKenzie was employed by the respondent as a “grannie mixer.” He testified that on May 14, 1957, as he was passing a fellow employee, Walter Johnson, who was engaged in scraping hot asphalt from a bucket, he touched Johnson on the shoulder whereupon Johnson turned about and struck him on the right forearm with the result that the hot scraper burned him. The version of the affair offered by respondent was…