the decision of the board was reversed, the court holding that such finding could only be based on mere conjecture or guess.56

A workman was found unconscious at the foot of a ladder over which he had to climb every few minutes. He was suffering from concussion of the brain. The court held that the evidence was sufficient to justify the conclusion that the concussion of the brain was brought about by an accidental fall from the ladder while the employee was performing his duties."7

An employee suffered a concussion of the brain from an accidental injury. He recovered sufficiently to return to work, and later was seen to fall, and he died almost immediately. The medical testimony was to the effect that the first injury was the cause of the death. It was held that the death was due to an injury arising out of the employment.58

A traveling salesman, crossing on a ferry from San Francisco to Oakland on business, became dizzy, and after landing fell be cause of the dizziness, causing concussion of the brain. There was no evidence that the bay was rough or the weather bad at the time of crossing. It was held that there was no evidence to show a causal connection between the cause of the fall and any risk incidental to or arising out of the work to be performed. The claimant did not discharge the burden of proving that the fall was due to an accident arising out of the employment."

§ 316. Contagious Skin Disease.-Applicant, a porter in an infectious disease hospital, was employed in the wards and also to clean out the mortuary. He contracted scarlet fever and claimed compensation under the workmen's compensation act. It was held that it was very likely that he contracted the disease in or about the hospital, and the contracting of a disease could not, under the

56.

Hansen v. Turners Const. Co., 224 N. Y. 331, 120 N. E. 693. 3 W. C. L. J. 168, 17 N. C. C. A. 786.

57. Fagan v. Jack Bros., 31 Sheriff Ct. R. (Sc.), 332, (1915), 10 N. C. C. A. 620; Meyers v. Michigan Cent. R. Co., 199 Mich. 134, 165 N. W. 703, 15 N. C C. A. 277.

54.

Deem v. Kalamazoo Paper Co., 189 Mich. 655, 155 N. W. 584. 59. Van Winkle v. Johnson Co., 2 Cal. I. A. C. Dec. 212; Engwick, 2 Cal. I. A. C. D. 875.

Hoover v.

§ 317

WORKMEN'S COMPENSATION LAW

circumstances, be called an accident within the meaning of the

Where an employee contracted eczema as a result of being exposed to fumes and splashes of carbon bisulphide, it was held to be an injury by accident arising out of the employment1

A bookkeeper in an ice and storage plant contracted impetigo contagiosa, which might have been contracted outside of his employment. He was very susceptible to this disease. There was nothing in or about the employment that would be likely to cause the disease. The employees all used a roller towel and the disease might have been communicated in this manner from a fellow employee who had been affected by the disease. It was held that the evidence was insufficient to show that the disease was due to an injury arising out of the employment.62

§ 317. Delirium Tremens.-An employee was injured by a keg rolling off a brewery wagon and striking him on the leg. He was taken to a hospital where he died nine days later from delirium tremens and alcholic meningitis. It was found that the condition of alcoholism was aggravated by the accidental injury arising out the employment.63

Where an ice wagon driver claimed to have sustained injuries when ice tongs slipped, causing a cake of ice to strike him in the abdomen, and died later from delirium tremens, the commission found that the predominating cause of the death was the accidental injury during the course of the employment, and that the delerium tremens was only a contributory cause."

64

Where a printer slipped and fell upon a floor, striking his head, and later developed delirium tremens and died, the board found

60. Martin v. Manchester Corp., (1912), W. C. & Ins. Rep. 289, 5 B. W. C. C. 259, 106 Law T. R. 741, 28 Times Law Rep., 344, 3 N. C. C. A. 238, 61. Evans v. Dodd, 5 B. W. C. C. 305.

62. Allen v. Los Angeles & Storage Co., 3 Cal. I. A. C 104.

63. Dunn v. West End. Brg. Co., N. Y. S. D. R. Vol. 5, pg. 380; Affrmed by the Appellate Div., (1916); Sullivan v. Industrial Engineering Co., 173 App. Div 65, 158 N. Y. S. 970.

64. Carroll v. Knickerbocker Ice Co., 169 N. Y. App. Div. 450, 155 N. Y. S. 1; McCahill v. N. Y. Transportation Co., 201 N. Y. 221, 94 N. E. 616. 48 L. R. A. N. S. 131, Ann. Cas. 1912A 961.

L

4

that the death was due to the injury arising out of the employment, and the appellate division unanimously and without opinion affirmed the finding.65

Where an employee was struck by a falling timber and later developed lobar pneumonia and delirium tremens, the court held that there was a sufficient showing of connection between the accidental injury during the course of employment and the cause of the death to justify an award for, "As a matter of fact delirium frequently follows an injury. A man need not be a hard drinker to become delirious after an injury. Men who are very moderate drinkers become delirious shortly following an injury. We have cases like this day after day. We have had doctors here and they agree that a man who is a moderate drinker may become delirious following not a very severe injury, and where the man dies in delirium and the immediate cause of his death was delirium tremens, and yet the cause of his delirium was the accident, the cause of his death was the accident.''66

An employee complained of hernia, and the claim agent advised an operation. The operation was performed, but prior to the operation delirium tremens and lobar pneumonia resulted, causing the death of the employee. A claim for compensation was dismissed, because of a failure on the part of the employee to give notice of the strain which he claimed caused the hernia.67

Where it appeared that delirium tremens would not have developed had it not been for the injury and shock resulting from an accident arising out of the employment, the court, holding that the death was due to the injury, said: "The fact that his system had been so weakened by his intemperate habit that it was unable to withstand the effects of the injury does not thereby shift the

65. Winters v. N. Y. Herald Co., 171 N. Y. App. Div. 960, 155 N. Y. S. 1149,

66. Sullivan v. Indus. Engineering Co., 173 N. Y. App. Div. 65, 158 N. Y. S. 970; Rzepeznski v. Manhattan Brass Co., 181 N. Y .App. Div. 952; Beckwith v. Bastian Bros. Co., 181 N. Y. App. Div. 909, 167 N. Y. S. 1087.

67. Herbert v. Lake Shore & M. S. R. Co., 200 Mich 566, 166 N. W. 923, 1 W. C. L. J. 1069.

proximate cause of death from his injury to his intemperate habit. ''68

§ 318. Dislocation.-An employee of a corporation was injured while delivering books to one of the stockholders, when he slipped and fell down stairs, causing the box to tip and fall, dislocating two joints of his spine. Reversing an award of compensation in favor of claimant, the court said: "It appears conclusively that such temporary service was of a casual nature, a mere accommodation undertaken by the corporation for one of its stockholders without charge, and in no sense a part of its special machine shop business in which both Shelby (the corporation's general manager from whom the order to deliver the books emanated) and plaintiff was employed. 'Uncompensated favors extended occasionally to its stockholders surely do not constitute "business" of a corporation, "usual" or otherwise.'" The court held further that the accident did not arise out of and in the course of applicant's employment."

An employee in a laundry suffered a dislocation of the womb, as the result of a strain caused by carrying a bucket of starch. The medical evidence showed that the straining and heavy lifting was the direct cause of the injury, but that the injury was made possible by a laceration of the womb at the time of child birth thirty years before. Compensation was awarded.70

A dislocation of the semilunar cartilege of the knee, caused by quickly arising from a stooping position, is an injury arising out of the employment, when the very nature of the employment requires such exertions."1

Where an employee slipped and fell, dislocating his clavicle, and was operated upon three days later and died from hypostatic

68. Ramlow v. Moon Lake Ice Co., 192 Mich. 505, 158 N. W. 1027, L. R. A. 1916F, 955; 14 N. C. C. A. 295; In re Cross, (Mass.), 1 Nat. Comp. Jour., (1914), 21, 9 N. C. C. A. 261; Minnis v. Young, 9 N. Y. St. Dep. 314. 69. Carnahan v. Mailometer Co., 201 Mich. 173, 167 N. W. 9, 1 W. C. L. J. 1045.

70. Loustalet v. Metropolitan Laundry Co., 1 Cal. I. Acc. Comm. D., (1914), 318, 10 N. C. C. A. 771,

71. Giampolini-Lombardi Co. v, Raggio, 2 Cal. Ind. A. C. 936.

pneumonia, caused by the weakening of his system by the operation, it was held that the death was due to an injury arising out of the employment.72

Where an employee, through accidental injury, suffered a dis location of the coecum, general adhesions in the abdomen, and constipation, resulting in traumatic peritonitis, which condition necessitated the removal of the appendix, all this was held to be caused by the accident arising out of the employment73

Where an elevator operator, in raising heavy gates above his head, sustained a dislocation of the collar bone, it was held that the injury arose out of the employment.7*

§ 319. Drivers Injured.-Where a teamster was kicked by a horse, and applied salve and continued to work without consulting a doctor, though advised to do so, it could not be said that he was guilty of such unreasonable conduct as would preclude a recovery, where the employer merely suggested that he see a named doctor and the employee was not informed that the employer was furnishing the doctor.75

"The relator's husband, Charles Jacobson, was employed by the City of Minneapolis. He was driving a sprinkling wagon. He furnished his team and the running gears of the wagon. The city furnished the tank. He kept the sprinkler in the rear of his house and stabled his horses in his barn on his premises, and fed and cared for them at his own expense. He worked eight hours a day, commencing at 8 and quitting at 5, with an hour off at noon, and received for his services and the use of his team and wagon $6 per day. On the day of his injury he had finished his day's work, had gone home and stabled and fed his horses, and had eaten his supper. After supper he went to the stable to doctor one of his horses which had a sore neck. While he was so engaged the horse killed him. The facts stated give no right to compensation. The

72.

Cantwell v. Travelers Ins. Co., 2 Mass. W. C. C. 246.

73. Gregg v. Frankfort Gen. Ins. Co., 2 Mass. Wk. Comp. Cases 581. 74. Bonin v. California Hawaiian Sugar Refinery, 3 Cal. I. A. C. 334. 75. Banner Coffee Co. v. Billig, 170 Wis. 157, (1919), 174 N. W. 544, 5 W. C. L. J. 118.

W. C.-50