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Reports of All Decisions Rendered in Comper tion
and Federal Employers' Liability Cases is
Federal Courts and in the State

Appellate Courts

William Otis Badger, Jr., Editor

R. M. Chandor, Manager

Volume IV

New York

Published by C. C. Hine's Sons Co.

100 William Stroet

1919

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The Workmen's Compensation Law Journal

Volume IV

July, 1919

No. 1

Reports of All Decisions Rendered in Compensation and Federal Employers' Liability Cases in the Federal Courts and in the State Appellate Courts.

SUPREME COURT OF ARIZONA.

ARIZONA EASTERN R. CO.

MATTHEWS. (No. 1660.)*

1. MASTER AND SERVANT – WORKMEN'S COMPENSATION

LAW—“MANUAL LABOR”—“MECHANICAL LABOR.”

A local bill clerk for a railroad is not engaged in "manual or mechanical labor" within Employers' Liability Act, par. 3156, although occasionally at other times than when injured he did manual labor in loading and unloading live stock and freight; "mechanical labor” being skilled labor employed in making and repairing tools and instruments, and “manual labor," under such paragraph, meaning actual physical contact with the dangerous instruments.

(For other cases, see Master and Servant, Dec. Dig. § 361.)

(For other definitions, see Words and Phrases, First and Second Series, Manual Labor; Words and Phrases, Mechanical Labor.)

3. MASTER AND SERVANT — WORKMEN'S COMPENSATION

LAW.

The phrase "caused by an accident due to a condition or conditions of such occupation," appearing in Const. art. 18, § 7, and in Employers' Liability Act, par. 3154, requires more than that accident arise out of and in the course of the employment, and an injury must have occurred while employee was at work in his occupation and it must have been occasioned by a risk or danger inherent in the occupation.

(For other cases, see Master and Servant, Dec. Dig. $ 371.)

4. MASTER AND SERVANT -- WORKMEN'S COMPENSATION

LAW.

Where a bill clerk at a railroad freighthouse was injured by falling into a scale pit being constructed by the railroad “along the route usually traveled by himself and others having business in and about defendant's freight depot" while such bill clerk was returning from midnight lunch, the injury was not one "caused by an accident due to a condition or conditions” of his occupation, although it may have arisen out of and in the course of his employment.

(For other cases, see Master and Servant, Dec. Dig. $ 372.) *Decision rendered, April 16, 1919. 180 Pac. Rep. 159.

APA I 1920

The Workmen's Compensation Law Journal

Volume IV

July, 1919

No. 1

Reports of All Decisions Rendered in Compensation and Federal Employers' Liability Cases in the Federal Courts and in the State Appellate Courts.

SUPREME COURT OF ARIZONA.

ARIZONA EASTERN R. CO.

MATTHEWS. (No. 1660.)*

1. MASTER AND SERVANT — WORKMEN'S COMPENSATION

LAW-“MANUAL LABOR"_“MECHANICAL LABOR."

A local bill clerk for a railroad is not engaged in "manual or mechanical labor” within Employers' Liability Act, par. 3956, although occasionally at other times than when injured he did manual labor in loading and unloading live stock and freight; "mechanical labor" being skilled labor employed in making and repairing tools and instruments, and "manual labor," under such paragraph, meaning actual physical contact with the dangerous instruments.

(For other cases, see Master and Servant, Dec. Dig. § 361.)

(For other definitions, see Words and Phrases, First and Second Series, Manual Labor; Words and Phrases, Mechanical Labor.)

3. MASTER AND SERVANT – WORKMEN'S COMPENSATION

LAW.

The phrase "caused by an accident due to a condition or conditions of such occupation," appearing in Const. art. 18, § 7, and in Employers' Liability Act, par. 3154, requires more than that accident arise out of and in the course of the employment, and an injury must have occurred while employee was at work in his occupation and it must have been occasioned by a risk or danger inherent in the occupation.

(For other cases, see Master and Servant, Dec. Dig. $ 371.)

4. MASTER AND SERVANT — WORKMEN'S COMPENSATION

LAW.

Where a bill clerk at a railroad freighthouse was injured by falling into a scale pit being constructed by the railroad "along the route usually traveled by himself and others having business in and about defendant's freight depot” while such bill clerk was returning from midnight lunch, the injury was not one “caused by an accident due to a condition or conditions" of his occupation, although it may have arisen out of and in the course of his employment.

(For other cases, see Master and Servant, Dec. Dig. § 372.) *Decision rendered, April 16, 1919. 180 Pac. Rep. 159.

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