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and continued with the knowledge of the employer was one of the risks of the employment.96

A coal heaver received a blow on the stomach from falling coal. An operation revealed that he was suffering from perforation of the bowel, and also from appendicitis of some standing. He died three days later. A post mortem revealed a second perforation which was not in existence at the time of the operation, and it was found that death had resulted from peritonitis caused by the second perforation. Compensation was denied because of failure to show any causal connection between the accident and the cause of the death.97

Where an operation for appendicitis was made necessary because of traumatic peritonitis, it was held to be a personal injury.98

Where deceased fell from a ladder and sustained numerous injuries, and later died from appendicitis peritonitis, it was held, upon conflicting medical testimony, that there was a relation between the accident and the death, and compensation was allowed.99

Applicant suffered from peritonitis caused by a foreign substance which had lodged in the abdomen years before but inflammation was precipitated by a blow on the abdomen. In the absence of any other factor which might cause the peritonitis, the board held that it resulted from the blow.1

Where an employee, who was undergoing an operation for hernia, which resulted from an injury, requested that he be operated upon for appendicitis at the same time, and died as the result of peritonitis, which developed from the appendicitis operation, the court held that the death was not due to the accidental injury."

96. In re Loper, 64 Ind. App., 116 N. E. 324, 15 N. C. C. A. 284. 97. Woods v. Thomas Nelson Sons & Co., (1913), W. C. & Ins Rep. 569.

98. Gregg v. Frankfort Gen. Ins. Co., 2 Mass. I. A. Bd. 581.

99. Euman v. James Dalziel & Co., (1913), Ct. of Sessions Cas. 246, (1913), W. C. & Ins. Rep. 49, 10 N. C. C. A. 763, 6 B. W. C. C. 900. 1. Henne v. Hjul, 1 Cal. I. A. C. D. 133.

2.

Hoffman v. Pierce Arrow Motor Car Co., 183 N. Y. S. 766, (1920), 6 W. C. L. J. 569.

§ 231. Pleurisy.-Where an employee was struck by a broken belt and injured about the face, nose and right side, and as a result thereof traumatic pleurisy set in, which later developed into pneumonia and other diseases, causing death, compensation was allowed.3

An undertaker's employee suffered an injury,' alleged to have been caused by an accident in moving a coffin, which developed into pleurisy, followed by pneumonia, causing death. The recorder found that the death was due to the injury by accident, and compensation was allowed.*

An employee, in order to avoid injury when a crane which he was operating broke, jumped into a river, and pleurisy and tuberculosis resulted. The court held this to be an accidental injury, and allowed compensation.5

Where a canvasser and collector, who was hurrying with his work, developed pleurisy from becoming overheated and then chilling, it was held not to be a personal injury by accident."

Where an employee had undergone an operation in which two of his ribs were removed, and later he received an accidental injury which caused pleurisy and aggravation of a condition of empyema, which caused disability for an extended period of time, the Board held this to be an accidental injury."

An employee was struck in the chest by the arm of a knitting machine, but continued to work against his physician's advice, and twelve days after the accident he was found to be suffering from traumatic pleurisy, which caused his death. Compensation was allowed.s

3. Vogeley v. Detroit Lbr. Co., 196 Mich. 516, 162 N. W. 975, 14 N. C. C. A. 142; Diaz v. American Mutual Liab. Ins. Co., 1 Mass. Ind. A. Bd. 430; In Re Herbert G. Dupree, 3rd A. R. U. S. C. C. 133.

4. Wright v. Kerrigan, (1911), 2 Ir. R. 310, 45 Ir. L. T. 82.

6.

5. Rist v. Larkin & Sangster, 171 App. Div. 71, 156 N. Y. Supp. 875. McMillan v. Singer Sewing Mach. Co., Ltd., (1913), 6 B. W. C. C. 245 Ct. of Sess.; In re Chas. E. Davis, 3rd A. R. U. S. C. C. 132; In Re Albert C. Mills, 3rd A. R. U. S. C. C. 133.

7. Bakiewicz v. National Brake and Electric Co., 4 Annual Rep. (1915), Wis. Ind. Com. 11.

8. Greenberg v. Canadian Knitting Mills, S. D. R. Vol. 10, p. 572, 178 App. Div. N. Y. 942.

Compensation was awarded for injuries received by a mason's helper from falling brick. He recovered sufficiently to go about, and three months after the accident he died from pleurisy. The commission's physician was of the opinion that "traumatic pleurisy should have made its appearance a good deal earlier." Compensation for his death was denied."

§ 232. Pneumonia.-Where post operative or ether pneumonia followed an operation, made necessary by the accidental injury, and caused death, compensation was allowed.10

Where an employee was suffering from bloodpoisoning, and because of his lowered vitality he developed pneumonia, which caused his death, compensation was allowed. 11

Where a miner developed pneumonia caused by the inhalation of poisonous gas, generated by a blast explosion, when the amount of gas far exceeded that usual to this method of blasting, it was held to be due to accident. 12

A workman met with an accident to his arm, was taken to a hospital, the arm placed in splints, and he was sent home. The next day he was found to be suffering from acute pneumonia, from which he died. It was held that death had resulted from the in

jury, 13

9. Henry v. Fuller Co., 179 N. Y. App. Div. 952, 165 N. Y. Supp. 1091. 10. In re Bently, 217 Mass. 79, 4 N. C. C. A. 559, 104 N. E. 432; In re Raymond, Mass. W. C. Rep. (1913), 277; Favro v. Board of Public Library Trustees, 1 Cal. Ind. A. C. D. (No. 15, 1914) 1, 6 N. C. C. A. 627; Shirt v. Calico Printers' Assn., Ltd., 78 L. J. K. B. 528, (1909), 2 K. B. 51, 100 L. T. 740, 25 T. L. R. 451, 53 Sol. J. 430, 2 B. W. C. C. 342, 6 N. C. C. A. 628; Jendrus v. Detroit Steel Products Co., 178, Mich. 265, 4 N. C. C. A. 864, 144 N. W. 563, L. R. A. 1916A, 381, Ann. C. 1915D, 476.

11. Wittelberger v. Rach, 181 Mich. 463, 4 N. C. C. A. 915; Bayner v. Riverside Storage and Cartage Co., 181 Mich. 378, 4 N. C. C. A. 916, 148 N. W. 412, Wiersum v. Nachtegall Mfg. Co., Mich. I. A. Bd. 4 N. C. C. A. 916; Merritt v. Traveler's Insur. Co., 2 Mass. W. C. C. 635; Tanner v. Aluminum Castings Co., Mich. (1920), 178 N. W. 69, 6 W. C. L. J. 337.

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12. Kelley v. Auchenlea Coal Co., Ltd., 1911 S. C. 864, 48 Sc. L. R. 768; 3 B. W. C. C. 417,4 N. C. C. A. 911.

13. Cameron v. Port of London Authority, (1915), 5 B. W. C. C. 416; 4 N. C. C. A. 909.

W. C.-28

A debilitated workman, who had injured his knee, contracted pneumonia as a result of being compelled, because of the pain in his knee, to take a long time to get home on a cold day. This was held to be an accidental injury, compensable under the English act.14

Where a workman, hired as a member of a fire brigade to help protect his employer's property, was wet to the skin with water, and inhaled smoke, while fighting fire, 40 feet from his employer's premises, and died of lobar pneumonia, his death was held to have resulted from an injury:15

Where an employee fell 3 feet and landed in a sitting position, and complained of pain and stiffness for a few days, and about a week later he was seized with convulsions, and died from pneumonia, compensation was denied on the ground that no connection was shown to exist between the accident and the cause of the pneumonia which resulted in death.16

A night watchman fell and fractured the neck of the right femur. Later he died from static pneumonia while still in the hospital recovering from his injury. It was held that the death was due to the injury received in the course of his employment.17

Where an employee, engaged in making shells, received scratches on his hands which became infected, causing blood poisoning, which later developed into pneumonia, which resulted in his death, compensation was allowed, although it was not shown just the exact time when the infection occurred.18

14. Ystradowen Colliery Co., Ltd., v. Griffiths (1910), 2 B. W. C. C. 357, C. A.

15. In re McPhee, 222 Mass. 1, 109 N. E. 633, 10 N. C. C. A. 257; In Re Harry O. Walters, 3rd A. R. U. S. C. C. 135; In Re John J. McKenna, 2nd A. R. U. S. C. C. 191.

16. Senter v. Klyce, 2 Cal. Ind. A. C. 695; Currie v. Royal Indem. Co., 2 Mass. Ind. A. Bd. 174, 11 N. C. C. A. 507; Shay v. Christian Feigenspan Corp., 1 Conn. Comp. Dec. 232; Lucien v. Judson Mfg. Co. & Cal. Casualty Ins. Co., 1 Cal. Ind. A. C. part 2, 59; In Re Henry Schiller, 2nd A. R. U. S. C. C. 104.

17. Oberg v. McRoberts & Co., 6 N. Y. S. Dep. Rep. 386; Dependent of John Marx v. City of Bridgport, 2 Conn. C. Dec. 227; In Re John B. Wirt, 3rd A. R. U. S. C. C. 136; In Re Albert L. Gordon, 3rd A. R. U. S. C. C. 137; In Re Andrew Fletcher, 3rd A. R. U. S. C. C. 138.

18. Burvill v. Vickers, Ltd., (1915), W. C. & Ins. Rep. 563, 13 N. C. C. A. 1020.

A lineman was exposed to bad weather and developed pneu monia, from which he died. Compensation was denied because of lack of any showing of connection between the exposure and the disease which caused the employee's death.19

A mine inspector, after making his rounds, was compelled to wait for a time at the bottom of a shaft for a car to take him to the surface. While waiting he was exposed to a very cold current of air from a ventilating shaft. He contracted pneumonia therefrom and died. The House of Lords held this was not an accident.20

A fireman, due to the illness of a fellow fireman, was called to work at 2 a. m. He came to work through a severe snow storm, getting wet to the waist, and worked in his wet clothes for 12 hours. He arrived home exhausted, subsequently contracting a severe cold, but he worked for a week, when pneumonia developed, causing his death. The court said: "We must recognize the fact that in common speech and understanding a bodily injury, whether manifest to the senses at the time it is sustained or subsequently revealed by functional disturbance is always assignable to some definite part or organ of the body, and when caused by accident is always sustained at the time of the accident or at least during the time within which the accidental condition is operative. An accidental bodily injury therefore may be defined as a localized abnormal condition of the living body directly and contemporaneously caused by accident; and an accident may be defined as an unlooked-for mishap or untoward event or condition not expected. The concurrence of accident and injury is a condition precedent to the right to compensation. On this record the unusual weather conditions or the consequent untimely and prolonged hours of labor or both may be said to supply the element of an untoward

19. Bockwich v. Housatonic Power Co., 1 Conn. C. D. 266; In Re Alveros W. Fletcher, 3rd A. R. U. S. C. C. 134; In Re Herman C. Heffner, 3rd A. R. U. S. C. C. 136; In Re Robert F. Parks, 3rd A. R. U. S. C. C. 136; In Re Wm. H. Lynch, 3rd A. R. U. S. C. C. 183; In Re Wm. J. Lehr, 2nd A. R. U. S. C. C. 183; In Re Calvin K. Carnes, 2nd A. R. U. S. C. C. 189.

20. Lyons v. Woodilee Coal & Coke Co., Ltd., (1917), W. C. & Ins. Rep. 235, 15 N. C. C. A. 694; Langley v. Reeve, 3 B. W. C. C. 175.

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