Breheny v. County of Essex

The opinion of the court was delivered by

Heiies, J.

It is a rule of general application that a party shall not be heard in an appellate court upon a point not raised and considered in the court below. Jacob Ruppert v. Jernstedt & Co., 116 N. J. L. 214; Garretson v. Appleton, 58 Id. 386; Delaware, Lackawanna and Western Railroad Co. v. Daily, 37 Id. 526. But here the sole issue determined by the Compensation Bureau was whether the injured employee had sustained the burden of establishing an increase of the disability^ previously found to have ensued from a compensable accident; and, if it be…