TOPICAL INDEX

From January to June, 1922, inclusive.

§ 346.

(A) NATURE AND GROUNDS OF MASTER'S LIABILITY. NATURE AND THEORY OF LIABILITY.

346-Theory of act stated. Mulhall v. Nashua Mfg. Co. (N. H.)... 346-Act held part of contract of employment. Frasca V. City Coal Co.

(Conn.)

211

515

99

262

247. CONTITUTIONALITY OF STAJUTES. 347-Act held constitutional. Param v. Standard Oil Co. (U. S.). 347-Act held constitutional. McNaught v. Hines, Dir. Gen of R. R. (Ill.).. 133 347-Compensation is confined to relation of employer and employee. Employers' Liabil. Assur. Corp. v. Indust. Acc. Comm. (Cal.). 347-Legislature may only confer on commission power to settle workmen's compensation disputes-constitutional provision does not authorize creation of liability for compensation-except liability of employer to own workmen and dependents- statute held to impose unauthorized "tax"-statute held void-legislature without power to authorize contribution from employers for re-education of injured employees. Yosemite Lumber Co. v. Indust. Acc. Comm. (Cal.).. 347-Provision of act for subrogation held constitutional. City of Taylorville

v. Central Ill. Pub. Serv. Co. (Ill.).... 347-The Act is not unconstitutional as depriving the parent of his vested right to the value of services of minor child, since such right is statutory and subject to amendment by subsequent legislation, Hilsinger v. Zimmerman Steel Co. (Iowa)..

347-Act making the third party liable for reasonable attorney's fees expended by the plaintiff in action, does not contravene any provision of state or Federal Constitution. Thornton Bros. Co. V. Northern States Power Co. (Minn.)

322

352

677

735

714

515

347-Pub. Acts 1919, No. 64, amending the Compensation Act, is constitutional. McGee v. Columbia Body Co. et al. (Mich.). 347-Act held not to violate treaty with Italy. Frasca v. City Coal Co. (Conn.) 347-Act provision for investment of compensation fund held constitutional. Strong, State Treas., v. Indust. Comm., State of Colo. (Colo.)...... 513 348. CONSTRUCTION AND OPERATION OF STATUTES IN GENERAL. 348-Act is to be liberally construed. Mulhall v. Nashua Mfg. Co. (N. H.).. 211 348-Act is to be liberally construed. McNeil v. Panhandle Lumber Co. (Idaho) 342

348-Act to be liberally construed. McAlester Colliery Co. v. State Indust. Comm. (Oizla.)

638

§ 349.

RETROACTIVE OPERATION OF STATUTES. 349-Act in force at time of injury governs. Holmberg v. City of Oakland (Cal.) 349-The Act, creating Compensation Board and authorizing it to establish rates for compensation insurance, is not retroactive, and the rates adopted by Board do not apply to contracts of insurance entered into before act became operative. Builders' Ltd. Mut. Lia. Ins. Co. v. Comp. Ins. Board (Minn.)

266

732

350.

ACCEPTANCE OR REJECTION OF STATUTE, AND ELECTION OF
REMEDIES.

351.

515

RIGHT TO ELECT, AND EFFECT OF ELECTION IN GENERAL. 351-Employee may reject federal Act. Payne v. Cohlmeyer (U. S.)...... 3 351-Act provisions held elective. Frasca v. City Coal Co. (Conn.). 352.

WILLFUL OR INTENTIONAL ACTS OR OMISSIONS OF EMPLOYER. 352-Under the Code, providing that if injury to a workman resulted from deliberate intention of his employer the workman may take under the act and also have a cause of action against the employer, before an injured workman is entitled to recover he must allege and prove that his injury was the result of a deliberate intent on the part of employer to injure him-where injured by explosion of a boiier and compensation had been awarded, that the boiler had been maintained in an unsafe condition to the employer's knowledge did not show "deliberate intention."' Delthony v. Standard Furniture Co. Wash.)

352-Dependent cannot sue for damages for gross negligence under Act. McLain v. Llewellyn Iron Works (Cal)

807

504

353.

INJURIES NOT PROVIDED FOR IN COMPENSATION ACT. RIGHT OF ACTION AGAINST THIRD PERSON. 354-Compensation is not waived by settlement with third party.

354.

v. O'Neil (Minn.) 354-Claimants may elect remedy against employer instead of against wrongdoer. Amer. Coal Mng. Co. v. Grenshaw (Ind.). 354-Provision for election of remedies is held inapplicable, where injury was not within act. Hoffman v. Hansen (Wash.)

354-Claimant loses no right of action against third person.

Peterson

208

291

317

Lowe v. Mor

397

492

Van

511

wrongdoer.
(U. S.).... 487

gan's Louisiana & T. R. & S. S. Co. (La.). 354-Compensation for injuries held bar to recovery against wrongdoer.

Weber v. Chicago & N. W. Ry. Co. (U. S.). 354-Right of action against wrongdoer not defeated by compensation. Zandt v. Sweet (Cal.)

354-Employee sustaining compensable injury entitled to sue Orange Ice, Light & Water Co. v. Texas Comp. Ins. Co.

677

504

§ 355. RIGHT OF ACTION BY EMPLOYEE'S PARENTS. 355-In cases where the Compensation Act applies to minors and in view of Code, there can be no recovery by the father for loss of services of his minor sor. under Code Sec. 34:1. Hilsinger v. Zimmerman Steel Co. (Iowa) 355-Act controls parent's recovery for death of child. McLain v. Llewellyn Iron Works (Cal.) 355-Action for death of employee maintainable by dependent father against employer not complying with act. Olson v. Hemsley (N. D.)...... 627 356. COMMON-LAW DEFENSES ABOLISHED. 356-Act abolishes common-law defenses. McGonigle v. O'Neill (Mass.).... 403 356-Contributory negligence is no bar to recovery. Republic Iron & Steel Co. v. Indus. Comm. et al. (Ill.) 666

$357.

PERSONS ENTITLED TO ELECT. 357-Minor's election under act voidable. Moore v. Hoyt (N. H.)......... 434 357-Where a wrongfully employed minor under 16 was injured and with his father's consent agreed to accept benefits under the Compensation Act and after attaining the age of 16, with like consent, entered into a supplemental agreement, both of which were approved by the Board and compensation paid, neither the minor nor father could thereafter bring suit at law for injuries. Delaney v. Phila. & Reading Coal & Iron Co. (Pa.)

358.

FORM AND REQUISITES OF ELECTION (INCLUDING IM-
PLIED ELECTION).

772

99

358-Act held effective against employee, in absence of express stipulationsuit by minor's father held an election under act. Parham V. Standard Oil Co. (La.) 358-Requisites of election under act stated. Amer. Coal Mining Co. V. Lewis (Ind.) 359 358-Employee who permitted employer's insurer to pay hospital and doctor bills did not by reason thereof elect to "proceed" under the compensation act. Fox v. Detroit United Ry. (Mich.)...

359-Election by minor's father after accident held in time, under act. Parham v. Standard Oil Co. (La.)........

RELATION OF PARTIES, AND PERSONS AND EMPLOYMENTS
WITHIN STATUTE.

IN GENERAL.

361-Where driver of taxicab was discharged and thereafter took on trip, with out employer's knowledge, persons who had day before requested employer that he be chosen as driver, and was killed on trip, and passengers paid employer for trip, relation of master and servant did not exist. Burke v. Indust. Comm. (Colo.).....

361-Hauling water for road engine held "hazardous occupation" within act. Board of Com'rs of Okmulgee County v. State ex rel. Jackson et al., State Indust. Comm. (Okla.).. 361-Lunchroom employees held within act.

18

73

Jurman v. Hebrew Nat. Sausage

Factory (N. Y.) 361-Meat packer's salesman held within extrahazardous provisions. McNaught v. Hines, Dir. Gen. of R. R. (Ill.). 361-Railroad in intrastate commerce is subject to act. Goldsmith v. Payne, Dir. Gen. of R. R. (III.)

239

133

130

361-Award to partner of firm as employee is unauthorized..

Employers'

Liability Assur. Corp. v. Indust. Acc. Comm. (Cal.). 361-Corporate director, superintending mill, is held an employee. Millers' Mut. Casualty Co. v. Hoover (Tex.) 361-Workman serving two employers held not engaged in joint employment making both liable under act. Bamburger Electric R. Co. v. Indust,

262

308

Comm. (Utah)

314

355

688

791

361-Act includes all employees in extrahazardous business. J. E. Porter
Co. v. Indust. Comm. (Ill.).
361-Employer liable for injuries in service of third person-act defining
"employee" to be liberally construed. McDowell v. Duer (Ind.).. 364
361-The Act did not apply to the injured workmen's employers, whose busi-
ness was drilling oil wells, because they had not employed five or
more workmen continually for more than one month. Stover v.
Davis et al. (Kan.).....
361-Partner with a company operating a cotton gin accidentally killed is
not an employee of the company. Millers' Indemnity Underwriters
v. Patten et al. (Tex.)..
361-Where father who, together with mother and two children, owned all
of the stock of a corporation and occupied a building owned by the
corporation as a residence, entered into a contract with the corpo-
ration to keep the building in repair, a son, who was injured while
proceeding with a truck to procure painting materials for the
building, was not entitled to compensation on the theory that the
father, as his employer, was engaged in the business of construc-
tion, repair and demolition of buildings and the employment there-
fore hazardous. Goldberger v. Goldberger et al. (N. Y.).
361-Compensation cannot be recovered for injury to bartender if employed
in a saloon at a time when the sale of intoxicating liquors was
unlawful; a "saloon" being a place where intoxicating liquors are
sold and drunk. Herboid v. Neff et al. (N. Y.)...
361-Alien "employee" held within act. Frasca v. City Coal Co. (Conn.)... 515
361-Driving motor truck held not to involve a "process" requiring use of
explosive within act. Dodson v. Kansas City Refining Sales Co.
(Kan.)
361-Pieceworker cutting trees held an "employee" entitled to disability
compensation based on "wages" and weekly earnings." Ex parte
W. T. Smith Lumber Co. (Ala.)..

362-Employment to repair engine held "casual". Callihan v. Montgomery
(Pa.)

749

743

568

502

456

363-Employee sinking stones on farm held a "farm laborer" within act.
Bates v. Shaffer (Mich.).

185

363-Farmers blasting and loading surface coal held engaged in "mining".
Hanna v. Warren (Ind.)
363-Nonsubscribing employer of "ranch laborer" held not entitled to de-
fenses excluded by act. Gordon v. Buster (Tex.).

149

470

364-State Highway Commission is not employer of those working under it.-
State is liable for compensation as employer of Highway Commis-
sion's employee. Smith v. State Highway Comm. of Va. (Va.)...
364-Special officer in park held employee within act. Walker v. City of
Port Huron (Mich.)

96

202

364-The relation of employer and employee does not exist between muni-
cipality and policeman so as to create liability and benefits under
act. Marlow v. Mayor and Alderman of City of Savannah (Ga.)... 658
364-Injury to manual training teacher of district high school held com-
pensable as within statutory provisions for employees in an "enter-
prise" and "workshop." Board of Education v. Industrial Commis-
sion (I.)

365.
365 To

EMPLOYEES ENGAGED IN INTERSTATE COMMERCE.
recover under federal Act, employment in interstate commerce must
be shown.--Injured servant enlarging old turntable held not en-
gaged in "interstate commerce" under federal Act. Seaver v.
Payne (N. Y.)
Williams v.

365-Engagement in interstate commerce is question of fact.

524

67

108

810

Southern Pacific Co. (Cal.)
365-Telegraph and telephone company engaged in both intrastate and inter-
state commerce to such an extent that it was not possible to render
clearly separable and distinguishable its pay roll of workmen is not
within the State Act. Plastino v. City of Seattle (Wash.).......
365-Where an interstate train was being cut so that each car when it
reached its destination might readily be detached and the train
sooner proceed, and thus interstate as well as the intrastate trans-
portation be better effected, the entire train, so far as liability is
concerned, was an interstate train. McNeil v. Director General of
Railroads et al. (Pa.)
777

365-Where an employce of a contractor engaged in constructing a pier was,
at time of injury, repairing boiler on a scow, which was a navi-
gable craft in navigable waters, though used to assist in the con-
struction of piers, his work was maritime in its nature and within
the admiralty jurisdiction. McNamara v. McHarg-Barton Co. et

al. (N. Y.)

744

366-Minor not lawfully employed cannot recover for his injuries under Act.
-Minor 16 years old engaged in mining held "employee" lawfully
employed. In re Moody (Ind.).
366-"Young person" held not lawfully employed, precluding recovery. Ind.
Mfrs. Reciprocal Ass'n v.. Dolby (Ind.)
366-Minor held illegally employed on elevator, precluding recovery. Dris-
coll v. Weidely Motors Co. (Ind.).
366-Compensation Act does not repeal Child Labor Law, making it unlawful
to employ minors between the ages of 12 and 15 at certain danger-
ous occupations, nor are such minors included in the term "em-
ployee" in Compensation Act, and a contract of insurance between
employer and insurance company, being presumed to be in accord
with the law, cannot be extended to persons employed in violation
of the law. Galloway et al. v. Lumbermen's Indem, Exchange et
al. (Tex.)

§ 367.

INDEPENDENT CONTRACTORS AND THEIR EMPLOYEES.
367-Claimant's relation was mixed question of law and fact. Brower v. W.
H. Isgrigg & Son (Mich.)

367-"Independent contractor" and "employee" distinguished.

Roofing Co. v. Travelers' Ins. Co. (Ill.)
367-A corporation is liable for compensable injury to a contractor's work-
man. Chicago & E. R. Co.. v. Kaufman (Ind.).
367-Doctrine of "independent contractor" no part of act. McDowell v.
Duer (Ind.)

45

151

142

804

186

Amalgamated

122

298

364

367-Sewer builder held foreman over injured employee, not independent
contractor. Franks v. Carpenter (Iowa)
367-Owner not liable for injuries to employee of independent contractor.
McIlvain 'v. Blue (Kan.)

367-Where a physician who conducted his own hospital had arranged with
the employees of a corporation to furnish medical and hospital
services in return for payments by the employees of monthy assess-
ments, the facts that compensation claimant had paid the assess-
ments and that the corporation encouraged the plan have no
weight in determining whether he was an employee of the corpora-
tion or an independent contractor-where claimant was, at the time
of injury, skidding logs from a swamp to a railroad, under an ar-
rangement whereby he was given a certain tract from which to
skid the logs and was paid for those delivered, selecting his work-
ing hours and assistant, and furnishing his own horses and selecting
the method of doing the work, he was an independent contractor
and not an employee. Odle v. Charcoal Iron Co. of America et al.
(Mich.)
367-Apartment house manager held not an "independent contractor "liable
under act as employer of janitor. Fischer v. Industrial Commission
(III.)
367-Truckman working with his own team and wagon held independent
contractor," and not "employee" within act. Gallagher's Case
(Mass.)

§ 368.

369.

374

382

715

533

591

CONTRACTS OF EMPLOYMENT MADE OR TO BE PER-
FORMED IN FOREIGN STATE
368-Act held no part of contract of employment between nonresidents of
state. Darsch v. Thearle Duffield Fire Works Display Co. (Ind.)... 282
INJURIES OCCURRING IN FOREIGN STATE.
369-Compensation recoverable for injuries occurring in course of employ-
ment in another state. Pickering v. Indust. Comm. of Utah (Utah)
369-Tennessee act held not to preclude servant employed in Tennessee from
suing in N. Carolina. Far v. Babcock Lumber & Land Co. (N. C.) 251
INJURIES ARISING OUT OF OR IN COURSE OF EMPLOYMENT.
IN GENERAL.

88

§ 370.
§ 371.
371-Words by accident arising out of and in course of employment"
should be liberally construed. Empire Health & Accident Ins. Co.
v. Purcell (Ind.)
371-Compensable injury defined. Sichterman v. Kent Storage Co. (Mich.) 421
371-Accident must originate in risk of employment. J. E. Porter Co. V.
Indust. Comm. (Ill.)

32

355

371-Injury in course of employment compensable-contributory negligence
immaterial.-Injury by accident within act defined. Callihan V.
Montgomery (Pa.)
456
371-Accident" within act defined. McNeil V. Panhandle Lumber Co.

371-Employee is "about premises" while making exit on elevator at close of
day's work-"during the hours of service'' includes period of prompt
ingress and egress. Lienau v. Northwestern Telephone Exch. Co.
(Minn.)

608

$72--Accident arises out of employment when there is causal connection between it and performance of some service of employment.-For causal relation to exist between, employment and injury, injury need not be one which ought to have been foreseen but it must be one which, after event, may be seen to have had its origin in nature of employment, Empire Health & Acc. Ins. Co. v. Purcell (Ind.) 372-Accident" within act, defined. General Am. Tank Car. Corp. v. Weirick (Ind.)

§ 373.

PARTICULAR CAUSES OF INJURY. 373-Employee's injury by fellow workmen wrestling held not one "arising out of employment'. Great Western Power Co. of California v. Indust. Acc. Comm. (Cal.) 373-Injury in quarrel with another employee concerning amount of work done by each held compensable. Payne v. Wall (Ind.).. 373-Injury by coemployee in play held not one arising "out of and in course of employment". Fed. Mut. Liability Ins. Co. V. Indust. Acc. Comm. of California (Cal.) 373-Death of epileptic employee, falling into ash pit and receiving fatal burns, held compensable, Rockford Hotel Co. v. Indust. Comm. (Ill.) 373-Workman doing work in normal and regular way, who sustained inguinal hernia in lifting, held to have sustained "personal injury by accident", such injury being accidental. Terre Haute Malleable & Mfg. Co. v. Wehrle (Ind.)... 373-Injury to carpenter developing "housemaid's knee" held accident", arising out of and in course of employment". Standard Cabinet Co. v. Landgrave (Ind.) 373-Poisoning of hand by continuous dipping in solution held not an accident within act. Jeffreyes v. Chas. H. Sager Co. (N. Y.). 373-Injuries caused by using lamp contrary to rules, held compensable. Kraft v. West Hotel Co. (Ind.) 373-Disability from disease contracted by drinking polluted water furnished by employer held "injury" by "accident". Wasmuth-Endicott Co. V. Karst (Ind.. 373-Injury in personal altercation between employees not compensable. Urak v. Morris & Co. (Neb.) 373-Injury in play held compensable. Stark v. State Indust. Acc. Comm. (Ore.)

373-Injury by falling tree held within act. Merrill v. Penasco Lumber Co. (N. M.) 373-Where an employee suffering from a nervous condition caused by sulphuric acid fumes accidentally let a radiator slip through a hole in the floor, and it fell, striking a fellow employee and the former thereby received a shock causing a delirious condition from which he died within two weeks, held, that death resulted from an accident within the Act. Klein et al. V. Len H. Darling Co. et al. (Mich.) 373-Where cook employed in hotel kitchen stepped out to get air and was injured by a truck, and it was shown that the kitchen was always warm, and it was necessary for employees to step out and get air, there was a causal connection between the employment and injury justifying recovery. Patten Hotel Co. v. Milner (Tenn.). 373-Dependents of a forger, killed by hot metal emptied on him from a floor above his employer's place, while he was on his way "to top out some work" at 12:55 p. m., held entitled to compensation; ceased having been brought by the conditions of his work within the zone of special danger. Baudassi v. Molla et al. (N. Y.)... 373-Accident to employee who fainted and fractured skull as the result of inoculation which he was induced to undergo by employer, held to have arsen out of employment, Freedman v. Spicer Mfg. Corp. (N. J.) 373-Injury from street risks held compensable-injury to chauffeur stabbed by insane person held compensable as resulting from street risk-that street risk is common to all does not defeat compensation. Katz v. A. Kadans & Co. (N. Y.)

de

373-Murder of waitresɛ by rejected coemployee held not "arising out of and in the course of employment." Scholtzhauer v. C. & L. Lunch Co. (N. Y.) 373-Injury by assault in course of employment held compensable-injury by assault held to be one "arising out of or in the course of employment" within act. Zygmuntowicz v. American Steel & Wire Co. (Mass) 373-Injury caused by horse play of fellow employees held not one "arising out of emplovment" within act. Lee's Case (Mass.) 373-Injury in fight between other employees held not one "arising out of

39

147

7

34

5

21

32

49

233

164

369

430

445

437

707

780

741

738

620

613

605

593

597

employment" within act. Gavro's Case (Mass.)... 373-Death of assaulted employee held within Act. Broadbent's Case (Mass.) 579 373-Causal relation between employment and injury in fight essential to compensation-shooting of foreman by employee in dispute over docking held compensable. Taylor Coal Co. v. Indust. Comm. (111) 557