A tender on a paper machine sustained injuries when his hand was caught between the rolls of the machine. As a result of the injuries, many operations were necessary, thereby reducing his vitality and accelerating a condition of tuberculosis more or less lingering, which caused his death. Compensation was allowed.38

§ 255. Tumor.-A sales lady claimed that while she was taking down a heavy coat, hanging on a rod somewhat higher than she could conveniently reach, she felt a sudden pain in her right side and groin, and claimed compensation for disability alleged to have resulted from the injury. Medical testimony showed that the applicant was suffering from a fibroid tumor of the uterus, that such tumor was in existence at the time of the accident, and the disability suffered was due to the existence of the tumor and not to the accident. Compensation was denied.39

A workman met with a severe accident when a heavy strut fell on his back near the region of his kidneys. Later it was discovered that he was suffering from a tumor, and in an operation to remove the tumor the workman died. Compensation was allowed.40

A carpenter, at work on his knees, strained his knee upon rising, resulting in prolonged disability. An operation revealed fibrolipoma or fatty tumor under the knee cap, which existed prior to the accident, but not causing any disability. It was held that the disability resulting from an aggravation of the diseased condition was compensable.*

41

Compensation was allowed for disability resulting from the aggravation of the condition of a tumor existing prior to the accidental injury.42

38. Friday v. Galusha Stove Co., 181 N. Y. App. Div. 961, 168 N. Y. S. 1109; Champine v. De Grasse Paper Co., 181 N. Y. App. Div. 909, 167 N. Y. S. 1092; Callow v. Otis Elevator Co.,-N. Y. App. Div.-, Death case No. 7376, Oct. 4, 1917.

39. Cook v. Employer's Liab. Assur. Corp. Ltd., 1 Cal. I. A. C. D. (1914) 420, 10 N. C. C. A. 773.

40. Lewis v. Port of London Authority, (1914), W. C. & Ins. Rep. 299, 6 N. C. C. A. 625.

41. Globe Indemnity Co. v. Terry, 2 Cal. I. A. C. D. 682.

42. Big Muddy Coal and Iron Co. v. Industrial Bd., 279 Ill. 235, 116 N. E. 662.

Compensation was denied for the death of a workman alleged to have been caused by an injury sustained when a fellow employee dropped a hammer, which struck the deceased, causing a tumor on the brain. The commission held that the evidence failed to sustain the allegations of claimant.43

§ 256. Typhoid Fever.-Action was brought to recover damages for the death of an employee, caused by typhoid fever alleged to have resulted from contaminated drinking water furnished by the employer. In overruling the defendant's demurrer, which stated that the death was caused by such an injury as was within the workman's compensation act, and that the plaintiff must seek redress under that act, the court held that the words "injured or killed" as used in the act contemplated injury or killing through outside violence accidentally applied, and not death from disease such as the one under contemplation here.11

An employee fell from a wagon, striking his head on a car rail, and sustaining injuries which incapacitated him from work. A week later he died. In awarding compensation the commission found, "at the time of his accident, Harry Banks was suffering from typhoid fever in the incubation stage, which became aggravated by the severe injury to his head through the consequent lowering of his resisting power, and the said disease thus aggravated caused his death." The court of appeals affirmed a judg ment of the appellate division affirming the award.45

Where an employee sought compensation for temporary disability caused by typhoid fever, alleged to have resulted from germs ingested by drinking infected water furnished by the employer, the court said: "Our statute, so far as here important, provides for compensation 'in every case of personal injury caused

by accident, arising out of and in the course of employment,' and then provides that the word 'accident,' as used therein shall be construed to mean an unexpected or unforeseen event, happening

43. Siegel v. Belknap Mfg. Co., 2 Conn. C. D. 402.

44.

Robbins v. Victor Rubber Co., 21 Ohio N. P. (N. S.) 17, 17 N. C. C. A. 785, Contra, Aetna Life Ins. Co. v. Portland Gas & Coke Co., 229 Fed. 552, 144 C. C. A. 12, L. R. A. 19166D, 1027.

45. Banks v. Adams Exp. Co., 221 N. Y. 606, 117 N. E. 1060, 15 N. C. C. A. 638.

suddenly and violently, with or without human fault and producing at the time, injury to the physical structure of the body.'" G. S. 1913, Sections 8203, 8230

"The evidence shows that typhoid fever is a germ disease; that it is produced by taking typhoid bacilli into the alimentary canal; that no deleterious effects result until the bacilli taken into this canal have multiplied enormously; and that it requires more than a week after the infection for the disease to develop sufficiently for its symptoms to be discernible. The disease does not result from an event which happens 'suddenly and violently,' nor from an event which produces 'injury to the physical structure of the body' at the time it happens. "'46

Where it was shown that an employee's death resulted from typhoid fever contracted from drinking impure water furnished by the employer for the use of the employees, the court, in holding that death was proximately caused by accident within the meaning of the workman's compensation act, said: "The fact that deceased became afflicted with typhoid fever while in defendant's service would not in the sense of the statute constitute a charge that he sustained an accidental injury, but the allegations go further, and state that this typhoid affliction is attributable to the undesigned and unexpected occurrence of the presence of bacteria in the drinking water furnished him by the defendant, as an incident to his employment. These facts and circumstances clearly charge that Vennen's sickness was the result of an unintended and unexpected mishap incident to his employment. These allegations fulfill requirements of the statute that the drinking of the polluted water by the deceased was an accidental occurrence, while he was 'performing service growing out of and incidental to his employment.' It is alleged that the consequences of this alleged accident resulted in afflicting Vennen with typhoid disease, which caused his death. Diseases caused by accident to employees while 'performing services growing out of and incidental to his employment' are injuries within the contemplation of the Workmen's Compensation Act.

46. State ex rel. Faribault Woolen Mills Co. et al. v. District Court of Rice County et al., 138 Minn. 213, 164 N. W. 810, 15 N. C. C. A. 520, 1 W. C. L. J. 89.

This was recognized in the case of Heileman Brewing Co. v. Industrial Commission, 152 N. W. 446, and Voetz v. Industrial Commission, 152 N. W. 830. The English Compensation Act made employers liable to employees for 'personal injury by accident arising out of and in the course of the employment.' Under this act it has been held that contraction of a disease may be caused by accident." 47

Where a workman had been engaged for several years in removing sewage, there was no evidence to sustain a finding that his death was due to an accident, merely because he contracted typhoid fever which caused his death.48

Where an employee underwent an operation for a hernia and a few days later was found to be suffering from typhoid fever, such typhoid fever will not be presumed to have resulted from the hernia or operation, and compensation will not be allowed for the prolonged disability.49

Decedent's leg was broken both above and below the knee by an accident arising in the course of his employment, and some time nearly a year later he contracted typhoid fever from which he died. The Board, holding that the connection between the decedent's condition as the result of his accident and his attack of typhoid fever was too remote, said: "Where alternative theories are developed by the evidence, one of which will fix liability upon the defendant, while the other will not, speculation is not permitted in order to afford a basis for a recovery. 1950

§ 257. Ulcers.-An employee suffered an injury as a result of a flying piece of steel striking his eye. He sought compensation for prolonged disability due to trachomatic ulcers. In denying

47. Vennen v. New Dells Lbr. Co., 161 Wis. 371, 154 N. W. 640, 10 N. C. C. A. 729, L. R. A. 1916 A, 283. Federal Rubber Mfg. Co. v. Havolic, 162 Wis. 341, 156 N. W. 143; In re Wm. Rawles, 3rd A. R. U. S. C. C. 147. 48. Finlay v. Tullamore Guardians, (1914), 7 B. W. C. C. 973, C. A. In re John J. Milstead, 3rd A. R. U. S. C. C. 151.

49. Viglione v. Montgomery Garage Co., 2 Cal. I. A. C. D. 87,; Johnson v. Casualty Co. of America, 2 Mass. Wkm. C. C. 170.

50. Tennessee Blankenship v. Majestic Coal Co., claim No. 282, Workman's C. Bd. of Ky. Bul. for Nov. 1st., 1917 to Jan. 22, 1919, pg. 153.

compensation, it was said: "Trachoma is recognized as a disease by the medical profession and it is said not to be brought about by an injury to the eye or by foreign particles getting into the eye. ''51

Where foreign substances entered the eye of an employee during and in the course of his employment, which caused irritation and ulceration resulting in loss of the eye, the loss was due to the accident.52

Where ulcers were caused by scratches and abrasions being the proximate cause, compensation was awarded for the disability, caused by the ulcers.53

A healthy workman received a blow upon the stomach, causing severe pains and continuous disability, the blow having been severe enough to cause internal injuries, and two months later he was found to be suffering from a duodenal ulcer. No evidence was produced sufficient to show that the ulcer existed at the time of the injury, or, if it did exist, to having been active; but that if there did exist such a dormant ulcer the blow was sufficient to aggravate its condition. The accident was held to be the cause of the disability.54

Compensation was refused for the death of an employee where it was alleged that the death was caused by ulcers of the stomach resulting from an injury to the hand. It was held that there was no causal connection shown to exist between the injury and the cause of the death.55

An employee received a blow upon the stomach, followed by disability. Medical testimony and examination showed that the illness was due to ulceration of the stomach, and that prior to the accident the employee had been treated for gastritis. It was held that the disability was due to natural causes. 56

51. In re LeWare, Ohio I. C. Aug. 21, 1914, 6 N. C. C. A. 897. Grant v. Narlion, 1 Cal. I. A. C. 482.

52.

53.

McMullen v. Standard Oil Co., 1 Cal. I. A. C. (Part 2), 169.

54. Snyder v. Pacific Tent and Awning Co., 3 Cal. I. A. C. D. 1. 55. Twoomey v. Royal Indemnity Co., 2 Mass. J. A. Bd. 540. 56. McLean v. Brooks, 2 Cal, I. A. C. D. 288.