* *

and unexpected condition of the employment. The direct and contemporanious result of this accidental condition was exhaustion, and the record therefore shows that the decedent was accidentally exhausted on Dec. 14th. It is clear however, that exhaustion although accidentally incurred is not in and of itself a bodily injury either according to common speech and understanding or according to the above definition; for it may or may not overcome the elastic resistance of the system and may or may not result either in a bodily injury or in a disease. We are not at liberty to construe the act so as to include diseases which are caused by accident without the intervention of bodily injury. To construe the act as denying compensation in cases of occupational disease and yet granting it in case, for example, of influenza from working near a window inadvertently left open, would impute to the general assembly the intention to make a distinction which appears to us to be unjust and inconsistent with the principles underlying all legislation on the subject of workmen's compensation.

21

The husband of claimant came in contact with a live wire, causing him to fall 28 feet, his knees striking his chest violently, which "resulted in continuous pain from the time of the accident until the trouble was diagnosed by the physician as lobar pneumonia, and we find nothing in the record to justify the inference that between the time of the injury and the development of the disease there were other causes from which pneumonia might have been contracted. The injury to the chest was the proxi

mate cause of the disease.'' 22

A fireman died of lobar pneumonia four days after a fire during which he was exposed to wet and cold for 12 hours. The court. held that the "pneumonia was brought on, but not by an un

21. Linnane v. Aetna Brewing Co., 91 Conn. 158, 99 Atl. 507 (1916). 22. Murdock v. New York News Bureau et al., 263 Pa. 502, 106 Atl. 788, 4 W. C. L. J. 451, (1919); Bresleves Co. v. Indus. Comm. of Wis. 167 Wis. 202, 167 N. W. 256; Cledou v. Hof Brau Cafe, 3 Cal. Ind. Acc. Com. 233.

expected event, but by an event which was an incident to his regular employment." 23

Where a miner, perspiring as a result of his work, was compelled, due to a breakdown of the machinery, to stand in a shaft exposed to a draft of cold air, from which he contracted pneumonia and died, it was held that the man's death resulted from an injury by accident.24

Where a miner, due to the breaking of a pump, was compelled to stand in water for a time, as a result of which he contracted pneumonia and died, it was held to be an accidental injury.25

Where an employee suffered an accidental injury, and as a result was exposed to stormy weather for one hour and a half, and in a few days developed pneumonia while in a hospital, it was held that the accident was the proximate cause of the pneumonia.26

Where an employee was struck a severe blow in the face by a power belt, which broke, and in a few days he died of pneumonia, which developed from the traumatic pleurisy that resulted from the blow, it was held that the evidence was sufficient to support the finding that pneumonia was the contributing cause of death."7

Where the verdict of the corner's jury was introduced in evidence this was held to be sufficient to sustain an award, where it showed that traumatic pneumonia resulted from an injury sustained by decedent when he fell from a wagon which he was driving for plaintiff in error.28

Where a brewery employee slipped and fell, dislocating his clavicle, was operated on three days later and, due to a weakened. condition of his system brought on by the operation, he develop

23. Landers v. City of Muskegon, 196 Mich. 750, 163 N. W. 43, 14 N. C. C. A. 947.

24. Brown v. Watson, 7 B. W. C. C. 259.

25.

Alloa Coal Co. v. Drylie, 6 B. W. C. C. 398; Smith v. McPhee etc. Co., 1 Cal. Ind. Acc. Com. 197.

26. Decormier v. Western Indemnity Co., 2 Cal. Ind. Acc. Com. 756, 12 N. C. C. A. 326.

27. Vogeley v. Detroit Lumber Co., 196 Mich. 516, 162 N. W. 975; Marlmen v. Record F & M. Co., 106 Atl. 606, 4 W. C. L. J. 205.

28. Armour & Co. v. Industrial Board of Ill. 273 Ill. 590, 113 N. E. 138.

ed hypostatic pneumonia and died from its effects, it was held that death resulted from the injury.2

A healthy workman, employed on a ship, went to work at one o'clock, and at three climbed up the ladder of the hold, apparently in great pain. Marks were found on his ribs. He died three days later from pneumonia, caused by the injury to his side, according to medical testimony. It was held that the death was due to the injury by accident, and compensation was awarded." Where a caretaker of a large mansion fell down stairs, and pneumonia developed from the injuries, and he died without regaining consciousness, compenation was allowed.31

Where a lumberman, who was confined to the hospital because of a fracture of his leg, developed pneumonia and died, the death being hastened by his poor physical condition, brought about by the confinement and inaction, it was held that the pneumonia and consequent death was due to the injury.32

Where a workman was thrown from his horse while hunting, and was wet to the skin, and because of loss of vitality, cause'l by the fall, took pneumonia and died, the accident was the direct cause of his death.33

Where two doctors testified that pneumonia, causing the death of a workman four years after an accident to him, was due indirectly to the accident, and two testified that the disease was due to lowered vitality caused by the accident, it was held that the death was not due to the accidental injury.34

29. Cantwell v. Travelers Ins. Co., 2 Mass. I. A. Bd. 246. 30. Lovelady v. Berrie (1909), 2 B. W. River Elect. Co., 200 Mich. 206, 166 N. W. C. L. J. 1043.

C. C. 62; Homan v. Boardman 860, 17 N. C. C. A. 790, 1 W.

31. Skelton Acc. Ins. Co., Mass. Wkm. Comp. Cas. No. 2336 Nov. 3, 1915, 12 N. C. C. A. 656.

32.

443.

Majeau v. Sierre Nevada Wood and Lumber Co., 2 Cal. I. A. C. D.

33. In Re Etherington & Lancashire & Yorkshire Acc. Inc. Co., 1909 K. B. 591, C. A.

34. Taylor v. Framewellgate Coal & Coke Co., Ltd. (1913) 6 B. W. C. C. 56, C. A.

A workman, who was suffering from a hernia resulting from an accident, was operated upon, but because of his weakened condition only an old hernia was operated on. Later another operation was performed, and while convalescing from the cffects of this operation he contracted pneumonia and died. His death was held to be due to the injuries sustained in his employment.3

35

Where a workman died of septic pneumonia, resulting from systemic sepsis, which developed from a wound received while firing an oven in defendant's bakery, compensation was allowed for the injury.30

36

A workman, who was wet through while fighting fire, continued work for twenty days thereafter, and then died from lobar pneumonia. Evidence showed that he had no fever prior to the day before his death, and that he had been exposed to bad weather in the meantime. It was held that the pneumonia was not due to the exposure while fighting fire.37

Where an employee developed pneumonia as a result of an automobile trip he had taken while convalescing from an injury to his ankle, it was held that the pneumonia resulted from the injury received in the course of employment.38

Lowered vitality following injury to the chest cavity or to other parts of the body terminated in death from pneumonia in five cases, the awards of which the Appellate Division affirmed unanimously and without opinion, to-wit: a laborer who strained his side by heavy lifting and walked home through cold and snow;39 an aged workman who slipped, fell and hurt his hand and arm, infection resulting; a shoe treer, whose exertion and

40

35. Moore v. William Harkins & Sons, 4 N. Y. S. Dep. Rep. 383.

36.

Reck v. Whittlesberger, 181 Mich. 463, 148 N. W. 247, Ann. Cas. 1916 C. 771.

37.

pg. 16.

38.

Liedman v. Chelsea Fiber Mills, The Bulletin N. Y. Vol. 1, No. 10,

Bergstrom v. Indus. Com. 286 Ill. 29. 121 N. E. 195.

39. Goeppner v. Henning, S. D. R., Vol. 11, p. 603, Nov. 20, 1916, 178 App. Div. 943, May 2, 1917.

40. Sturges v. King Sewing Machine Co., Death File, No. 18933, May 29, 1917, 181 App. Div. 911, Nov. 14, 1917.

41

bending over his work caused a hernia; a laborer who cut his little finger while washing bottles, infection resulting;12 and a coalhoist engineer who sprained his ankle in a complete somersault over a stair railing, while descending to get his pay envelope.43

Where an employee accidentally fell upon the floor and received a blow upon the chest, which later caused pneumonia, it was held to be an industrial injury, and compensation was awarded.**

Pneumonia following a scratch on the hand from a rusty pipe, was held to be compensable.45

Pneumonia causing death, resulting from exposure to cold while storing frozen meats in a refrigerating room, has been held not to be an industrial injury within the meaning of the act.46

Where an employee received an injury to his ankle by a wagon passing over it, and developed pneumonia, from which he died 12 days later, it was held that a casual connection was established be. tween the injury and the cause of the death 47

Pneumonia following from wet feet in a leaky boat, was held to be compensable.48

Compensation was awarded for the death of an employee, resulting from pneumonia, contracted as a result of an injury sustained when he fell out of a window, which he was tryng to open.19

An employee received an injury to his finger necessitating amputation. After recovery from the effects of the operation he returned to work and contracted pneumonia, from which he died. Compensation was denied because of lack of proof showing any connection between the injury and the cause of death.50

41. Coons v. Endicott Johnson & Co., S. D. R., Vol. 14, P. 565, Bul. Vol. 2, p. 203, 1917, 181 App. Div. 963, Dec. 28, 1917.

42. Rodgers v. Bordens Condensed Milk Co., Death File. No 27351, July 13, 1917, 182 App. Div. 906, Jan. 18, 1918.

43. Graham v. Brooklyn Union Gas. Co., Death Case No. 10594, Jan. 2, 1918; - App. Div. March 15, 1918.

44. Cledou v. Hof Brau Cafe, (1916), 3 Cal. I. A. C. 233.

45.

Coyle v. Mass. Employees Ins. Assn. 2 Mass. I. A. Bd. 704.

46. Hoefer v. Matson Nav. Co. (1916), 3 Cal. I. A. C. 194.

47. Costello v. U. S. Cas. Co., 1 Mass. I. A. Bd. 265.

48. Stone v. Travelers Ins. Co., 1 Mass. Ind. A. Bd. 470.

49. Dodd v. Lancashire Corp., 9 N. Y. St. Rep. 281.

50. Stanley v. Wood, 6 N. Y. St. Dep. Rep. 382.