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PETER F. CUMMINGS, PROSECUTOR-APPELLANT, v. POLICEMEN'S PENSION COMMISSIONOF THE BOROUGH OF BELMAR, RESPONDENT-RESPONDENT.

1. To entitle a policeman of a municipality to a pension for permanent disability under chapter 160 of the laws of 1920, it is necessary that the disability arise out of the performance of his duties as a policeman.

2. A member of a police force, who applies for a pension on the ground of permanent disability due to an attack of pneumonia, has the burden to prove that his illness had its origin in his employment, and not in other causes.

PER CURIAM.

The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered per curiam in the Supreme Court.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, PARKER, CASE, BODINE, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 15.

For reversal — None.

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CUMMINGS v. POLICEMEN'S PENSION COM
(Sep 16, 1938)