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heard under the act, that a workman who was injured as a result of an encounter with another workman, following a quarrel of words, was not entitled to compensation, the injury not arising out of and in the course of the employment. (Gorman v. Fidelity and Casualty Company of New York.)

Exposure in Leaky Boat causes Pneumonia. - An employee got his feet wet in a leaky boat which was furnished by his employer, and pneumonia developed as an after effect of the injury. Held, in Stone v. Travelers Insurance Company, that this was a personal injury under the statute.

Incapacity for Work due to Lead Poisoning. —A paintgrinder, after many years, became physiologically unable to withstand the influence of the poison, due to lead, constantly introduced into his system during his employment since July 1, 1912, the result being shown in his loss of weight and other symptoms, culminating in a condition of secondary anæmia, which brought about his inability to work and caused him to be disabled since March 13, 1913. Held, in Johnson v. London Guarantee and Accident Company, Ltd.,1 that this was a personal injury.

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Employee injured on Common Stairway. The right of an employee who was injured while leaving her place of employment by means of a common stairway was decided by the Board in the case of Sundine v. London Guarantee and Accident Company, Ltd.,1 it being held that it was a necessary incident of the employment to use the flight of stairs and that the injury therefore arose out of and in the course of the employment.

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Blindness due to Inhalation of Noxious Gases. — In the case of Hurle v. American Mutual Liability Insurance Company 1 it was held that the employee, who was suffering from optic neuritis, caused by noxious gases and resulting in total loss of vision, was entitled to compensation, this being a personal injury under the act.

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Lobar Pneumonia, due to Cold and Exposure. — In Milliken v. Travelers Insurance Company it was held that the widow of an employee whose death was caused by lobar pneumonia,

1 Appealed to Supreme Judicial Court.

following cold and exposure, was entitled to compensation, this being a personal injury.

Fall of Heavy Wheel Proximate Cause of Death. So, in the case of Welch v. Employers' Liability Assurance Corporation, Ltd., it was held that the death of the employee was due to a personal injury arising out of and in the course of the employment, the employee having had chronic valvular disease of the heart, the proximate cause of death being the shock caused by the fall of a heavy wheel upon him.

Electric Shock causes Paralysis. — In Milliken v. United States Fidelity and Guaranty Company the facts developed at the hearing showed that the employee, a foreman carpenter, received an electric shock which threw him against his bench with such violence that it caused a sudden and unusual acceleration, force and pressure in the action of the heart so that paralysis resulted, and it was held that this was a personal injury.

Employee found Unconscious on Side of Road. A plumber's assistant, having completed his work at the home of a customer, four miles away from his employer's shop, started homeward, driving along the State highway. He was seen by a friend at about 5 o'clock, and five minutes later was found lying by the side of the road, unconscious. He was taken to a hospital, where a cut was noted on the employee's head, and other marks were discovered. An operation was performed and the employee died. Held, in Sanderson v. Globe Indemnity Company,1 that this was a personal injury, and the widow was awarded compensation.

Ether Pneumonia, following Operation. -In Raymond v. United States Casualty Company it was held that ether pneumonia, following an operation necessitated by the employee's injury, was the immediate proximate cause of death, and that the widow was entitled to compensation.

Epileptic Fit causes Fall. — Held, in Driscoll v. Employers' Liability Assurance Corporation, Ltd., that the dependent of an employee who, following an epileptic fit, fell from his wagon and fractured his skull was entitled to compensation. Death by Drowning. In Booth v. Etna Life Insurance

1 Appealed to Supreme Judicial Court.

Company the employee, a boatman, fell overboard, and it was held to be a personal injury, the widow being awarded compensation.

Injury causes Tubercular Meningitis. - A furniture polisher, as reported in Black v. Travelers Insurance Company, received an injury to his ankle which developed into tubercular meningitis several months later, medical experts stating that local traumatism that is, the injury, the precursor of local tuberculosis was a predisposing cause. Held, that the widow was entitled to compensation.

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Causal Connection between Pneumonia and Chill lacking. It was held, in Waiswell v. General Accident Assurance Corporation, Ltd., that there was no causal connection between the chill which the employee received and the pneumonia from which he died.

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Employee falls inertly from Wagon. The driver of a coal wagon was about to drive on the scales to obtain the weight of his load of coal, when he fell inertly to the ground, death being due to natural causes. Held, that this was not a personal injury. (Lewis v. Globe Indemnity Company.)

Death, following Strain and Subsequent Operation. — A carpenter strained himself moving a heavy radiator and was afterwards operated upon, death, caused by appendicitis and intestinal obstruction, supervening. Held, that the widow was entitled to compensation. (McGuigan v. Maryland Casualty Company.)

1

Injury while riding to Work. - In Andrews v. Travelers Insurance Company the employee, a motorman, received an injury while riding to work on a car which was used for the transportation of mail. It was necessary that he assist in unloading the mail in order to get to work on time, and this had been his custom for four years prior to the injury. His day's pay began at 5.30 o'clock, whether his car left the barn or not. The mail car was late and the injury occurred at 5.48 o'clock. Held, that the injury arose out of and in the course of his employment.

Causal Connection lacking. No causal connection was found between the kick administered by a horse in July and

1 Appealed to Supreme Judicial Court.

death which followed in October, in the case of Boyd v. Travelers Insurance Company, and the claim of the widow was dismissed.

Neurosis causes Incapacity for Work. In Lata v. American Mutual Liability Insurance Company it was held that the employee was entitled to compensation on account of incapacity for work due to neurosis following an injury.

Death not due to Lead Poisoning.

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The claim of the widow

in the case of Baiona v. Employers' Liability Assurance Corporation, Ltd., that her husband's death was caused by lead poisoning arising out of and in the course of his employment, was dismissed, the evidence showing that the paint furnished. by his employers contained only a small quantity of lead, and that only in the form of lead sulphate, which does not cause plumbism, or lead poisoning.

Injury during Lunch Time. The employee was in charge of a crew of four men, whose united work completed the lasting of a shoe. These employees began work without regard to the regular opening time of the factory, and ate their lunch in the factory at a time when most convenient to them. Having finished his lunch he was in the act of stepping down from the stool upon which he was seated when he fell. Held, that he was entitled to compensation. (Crouch v. Massachusetts Employees Insurance Association.)

Transportation to Work an Implied Term of the Contract. An employee was injured while being transported to his place of employment, and it was held that it was an implied term of the contract of service to so transport him. (Gilbert v. Employers' Liability Assurance Corporation, Ltd.)

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Salesman on Way to Home of Customer. In the case of Gaffney v. Travelers Insurance Company it was held that an injury received by a salesman en route to the home of a prospective customer arose out of and in the course of his employment.

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Serious and Willful Misconduct of Employee. "If the employee is injured by reason of his serious and willful misconduct, he shall not receive compensation." (Section 2,

Part II.)

Intoxication causes Fatal Injury. In Lee v. Fidelity and

Casualty Company of New York it was held that the alleged dependent was not entitled to compensation because the injury to the employee was caused by his intoxicated condition and by his attempting to step around on the roof in an endeavor to show to his employer that he was not intoxicated.

Fall, causing Death, results from Intoxication. — So, in Truesdale v. Employers' Liability Assurance Corporation, Ltd., it was held that the widow of the employee, who died as a result of his injuries, was not entitled to compensation. It was found that the employee was intoxicated at the time of the injury, and as a result of this intoxication was lacking in control of and ability to manage himself, and that he would not have fallen and been fatally injured but for this condition. Employee fails to use Certain Safeguards. The failure of an employee, as reported in the case of Cochran v. Contractors Mutual Liability Insurance Company, to make use of certain steel guys while at work on a steel tower was held not to be serious and willful misconduct, it being shown that a sudden and unexpected gust of wind caused the collapse of the tower. Rule not enforced. An employee who failed to make use of goggles, in accordance with a printed rule which was posted in an inconspicuous place, said rule not being enforced, however, was held not to have been injured by reason of his own serious and willful misconduct. (McClelland v. Massachusetts Employees Insurance Association.)

Serious and Willful Misconduct of Employer. —“If the employee is injured by reason of the serious and willful misconduct of a subscriber or of any person regularly entrusted with and exercising the powers of superintendence, the amounts of compensation hereinafter provided shall be doubled." (Section 3, Part II.)

Employee required to operate Machine known to be in Dangerous Condition. In Allen v. Globe Indemnity Company it was held that the employee was injured by reason of the serious and willful misconduct of a person exercising superintendence, the employee being required to operate a machine which was known to be in a dangerous condition, the injury following as a matter of course.

Cave-in causes Injury. — An employee who was injured by

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