§ 246. Source of Necessary Fact.-A workman's hand became cracked from exposure to wet and cold weather. He worked. several days when the cracks began to open and bleed, with the result that his hand had to be bound up, and while in this condition it became infected. The trial judge denied compensation because he could not determine whether the infection resulted from the employment, the atmosphere or other source. The appellate court, in reversing this decision, stated that: "The result is this that the man's incapacity to work, his poisoned hand, results from the injury, from the crack opening and becoming poisoned. ''35

The employee was engaged in sacking bone fertilizer. An infection resulted from a slight scratch on the leg, through there was no proof as to how this was sustained. Streptococci germs are found in large numbers in bone dust, also to a lesser degree in decaying matter, dust, etc. The court held that disease could not be said to be an accident if it could not be shown to have been contracted at a particular time and at a particular place by a par ticular accident.36

§ 247. Sprains and Strains.-A muscular spasm caused by straining the muscles of the side while attempting to lift a heavy cement block, is an accident.37

Where an employee ruptured a blood vessel in his lungs while lifting heavy cans of paint, it was held that the injury resulted from accident.38

An employee suffered two accidents, one when he fell into an excavation, sustaining an aneurism of the aorta and heart irregularity, and another when he fell dead, while doing some heavy lifting. The trial judge held that the strain from heavy lifting

35. Saddington v. Inslip Iron Co., Ltd., (1918). W. C. & Ins. Rep. 46. 36. Grant v. G. & G. Kynoch, (1918), W. C & Ins. Rep. 117. 37. Bystrom v. Jacobson, 162 Wis. 180, 155 N W. 919, 14 N. C. C. A. 528; Vernon v. A. E. Keyes, 1 Cal. I. A. C. Part II. 526.

38. Southwestern Surety Ins. Co. v. Owens, S. W. 662, 15 N. C. C. A. 524.

Tex. Civ. App.,

198

in his diseased condition, brought about by the fall, caused his death, and compensation was awarded.39

Where a stone mason sustained a rupture of a blood vessel as the result of strenuous exertions in cutting stone, and died from its effects, it was held that deceased came to his death as the result of an accident.40

Where an employee suffered a strain while lifting a heavy barrel, which strain caused a stroke of apoplexy, it was held that the injury sustained was an accidental injury."

Where an employee endeavored to move heavy "I" beams and suffered a strain, causing hemorrhage, it was held that he had sustained an accidental injury, and compensation was allowed.**

Where a man, while piling lumber, slipped and wrenched his back, it was held that he had sustained an accidental injury.43

Where a woman aggravated a weak heart condition by overexertion in pulling carpet thus incapacitating herself for work, it was held that her incapacity resulted from an accidental injury.**

Where a workman ruptured his spinal cord as a result of exertion in pushing a wheelbarrow, and died later from the in

39. Winter v. Frazelle Co., 88 N. J. L. 401, 96 Atl. 360, 11 N. C. C. A, 180.

40. State ex rel. Simmers et al. v. District Court of Stearns County, 137 Minn. 318, 163 N. W. 667, 14 N. C. C. A. 527; Fenton v. Thorley, 1903, 19 L. T. R. 684, 5 W. C. C. 1.

41. Fowler v. Risedorph Bottling Co., 175 N. Y. App. Div. 224, 161 N. Y. Supp. 535, 14 N. C. C. A. 536; Duffy v. Town of Brookline, Mass. 115 N. E. 248, 14 N. C. C. A. 537.

42. Manning v. Pomerene, 101 Neb. 127, 162 N. W. 492, 14 N. C. C. A. 537; Schmidt v. O. K. Baking Co., 1 Conn. Comp. Cas., 683, 14 N. C. C, A. 539.

43. Southwestern Surety Co. v. Pillsbury, 172 Cal. 768; 158 Pac. 762, 14 N. C. C. A. 537,

44. In re Madden, 222 Mass. 487, 111 N. E. 379, 14 N. C. C. A. 538; Uhl v. Guarantee Const. Co., 174 N. Y. App. Div. 571, 161 N. Y. Supp. 659, 14 N. C. C. A. 546. See aggravation of pre-existing condition. Broleski v. Nickols Copper Co., 171 N. Y. App. 959, 155 N. Y. Supp. 14 N. C. C. A. 547.

jury, the court held that his death was due to an accidental injury.45

Where an employee suffered a strain in the course of his employment and later died of miliary tuberculosis, but medical evidence was to the effect that the conditions following an injury that are necessary to cause the tubercular germ to become active were not present and in no case could a strain cause the germs to become active, the court held that there was no evidence tending in any way to connect the employee's diseased condition or his subsequent death with the injury.46

A workman's duties consisted of lifting a heavy iron bar many times during the day, and while he was lifting the bar he felt a snap which developed into a hernia. In denying compensation, the court said: "In the case at bar it conclusively appears from claimant's own testimony that he received no accidental injury. He was engaged at the moment of his injury in his usual and ordinary employment and in the usual and ordinary way. In the course of such employment it was his duty to lift the iron bar once in about every 15 minutes, about 90 or 100 times a day. We are of opinion that an employee who receives an injury in the nature of a hernia, while engaged in his usual and ordinary employment, without the intervention of any untoward or accidental happening, is not within the provisions of the compensation act, which, as we have held, provides compensation for accidental injury only.'

7747

A workman, while lifting a heavy weight, suffered a strain, which caused dilation of the heart muscle, and resulted in acute

45. State ex rel. Puhlman v. District Court Brown Co., 137 Minn. 30, 162 N. W. 678, 14 N. C. C. A. 545; Sinclair v. Ramapo Iron Wks., 4 N. Y. St. Rep. 415. In re Harry W. Truitt, 2nd A. R. U. S. C. C. 132; In re Alpheus Bigelow, 2nd A. R. U. S. C. C. 132.

46. Albaugh-Dover Co. v. Industrial Board of Ill., 278 Ill. 179, 115 N. E. 834, 14 N. C. C. A. 545. In re Martin J. Cardwell, 2nd, A. R. U. S, C. C. 135.

47. Kutschmar v. Briggs Mfg. Co., 197 Mich. 146, 163 N. W. 933, 15 N. C. C. A. 524.

cardiac dilation causing death. The court held that the death was due to the accidental injury.48

Pneumonia, resulting from an injury sustained from lifting a heavy object, was held, on conflicting evidence by experts, to be due to the accidental injury.49

Where a continuous strain brings about a cardiac breakdown, it cannot be said that the disability or death was due to an accident.50

Compensation was denied to applicant, who claimed that he suffered from a strain while lifting, causing a variocele, because medical testimony denied the probability of varicocele resulting from an injury, it being a gradual development.51

Falling of the womb, causing by a strain, sustained while carrying buckets of starch in a laundry, has been held to be an accidental injury.52

A workman mowing around a field, sought to straighten some down grain, and strained his leg, whereby he tore muscles and rupturd fibers. This was held to be a personal injury by accident.53

Rupture caused by overexertion in the course of a man's work, is an accident.54

48. In re Gibbons, 181 N. Y. App. Div. 142, 168 N. Y. Supp. 412, 15 N. C. C. A. 525, 1 W. C. L. J. 697; Matter of Caroll v. Knickerbocker Ice Co., 218 N. Y. 435, 113 N. E. 507, 14 N. C. C. A. 427; Flaherty v. Locomobile Co. of America, 1 Conn. C. D. 354; In re Powers, Op. Sol. Dept. Labor 214.

49. Bayne v. Riverside Storage & Cartage Co., 181 Mich. 378; 148 N. W. 412; 5 N. C. C. A. 837.

50

Coe v. Fife Coal Co. (1909), S. C. 393, 46 Sc. L. R. A. 325, 8 N. C. C. 102; Black v. New Zealand Shipping Co., 6 B. W. C. C. 720, 1913 W. C. & Ins. Rep. 480, 8 N. C. C. A. 102; Ritchie v. Kerr, 1913, S. S. 613, Sc. L. R. 434; 6 B. W. C. C. 419, W. C. & Ins. Rep. 297.

51. Holden v. Maryland Casualty Co., 1 Cal. I. A. C. D. No. 1, (1914), 11, 6 N. C. C. A. 399; Marshall v. Shepherd, 6 B. W. C. C. 571.

52. Loustalet v. Metropolitan Laundry Co., 1 Cal. I. A. C. Dec. (1914) 318, 10 N. C. C. A. 771.

53.

Purse v. Hayward, (1908), C. C., 125 L. T. J. 10, 1 B. W. C. C. 216, 54. Fenton v. J. Thoreley & Co., (1903) 5 W. C. C. 1; Stewart v. Wilsons & Clyde Co., (1903), 5 Falc. 120 (Scotch); United States Mutual Accident Ins. Ass'n. v. Barry, 131 U. S. 100, 33 L. Ed. 60; North American Life & Accident Ins. Co. v. Burroughs, 69 Penn. 43.

Where a serubwoman slipped and fell on a slippery floor, and sustained a sprain, compensation was allowed for the injury.55 Where a condition of arterial sclerosis was aggravated by reason of a continued strain, causing disability, it was held that this was an injury."

56

A workman claimed to have ruptured a blood vessel while assisting in lifting the end of one of the dump wagons used in the employment. Later he died from hemorrhages. On conflicting evidence, it was held that the evidence failed to sustain the contention that the rupture was caused by an accident.57

A workman, while lifting a heavy beam, suddenly tore several fibres of the muscles of his back. It was held that this was a compensable accident.58

Where an employee died from mitral regurgitation immediately after lifting a metal cover weighing 150 lbs., being assisted by two other workmen, the strain of the lifting was not unusual or fortuitous, and therefore not an accident, when two men had just previously lifted the same cover and the employee had himself been doing the same work for several days.59

Where a workman suffered a strain while lifting terra cotta window sills, which strain caused a strangulated right oblique inguinal hernia, necessitating an operation from which the patient died, compensation was allowed, even against the contention that deceased suffered from a disease or from a congenital defect, the development of which is not an accidental injury.60

55. Welsh v. American Mutual Liability Ins. Co., 1 Mass. Ind. A. Bd. 119.

56. Homan v. Frankfort Gen. Ins. Co., 2 Mass. Ind. A. Bd. 775. 57.

Englebretson et al. v. Ind. Acc. Com., 170 Cal. 793, 151 Pac. 421, 10 N. C. C. A. 545.

58. Boardman v. Scott & Whitworth, (1901), 3 W. C. C. 33, 85 L. T. 502, 4 W C. C. 1; Timmins v. Leeds Forge Co., 2 W. C. C. 10; Stewart v. Wilson & Clyde Coal Co., (1902), 5 Sc. Sess. Cas. 5th Series Scot, 126; Fidele v. Erie R. R. Co., (1916), 8 N. Y. St. Dep. Rep. 454.

59.

Guthrie v. Detroit Shipbuilding Co., 200 Mich. 355, 167 N. W. 37, 1 W. C. L. J. 1035.

60. Hurley v. Seldon-Breck Const. Co., 193 Mich. 197, 159 N. W. 311, 14 N C. A. 529. See Hernia, Fleming v. Robert Gair Co., 17, 6 N. Y. App. Div. 23, 162 N. Y. Supp. 298, 14 N. C. C. A. 543;

Grove v.

W. C.-30