WILLS.-Continued.

PAGE.

deceased partner's will cannot deprive widow of her rights
in his estate-when widow renouncing deceased part-
ner's will must give up insurance money...
what is essential to attestation in presence of testatrix-
whether will is attested in presence of testatrix is ques-
tion of fact-burden of proof....

589

609

WITNESSES.-See EVIDENCE.

WORDS AND PHRASES.

191

340

statute for assessment of property does not regard admin-
istrator as the "owner" of property omitted from as-
sessment in lifetime of his intestate....
word "child" in a statute, deed or will means legitimate
child unless a contrary intention is manifested......... 334
when word "heirs" in a deed is a word of limitation....
definition of words "wage," "salary" and "earnings"-the
word "earnings" ordinarily does not mean net earnings.. 408
words "wanton," "wantonly" and "wantonness," and "will-
ful," "willfully" and "willfulness," are synoymous...
meaning of term "in any suit or proceding at law or in
chancery," in section 8 of Appellate Court act..
meaning of words "heirs of the body" and "children".
what is meant by "probable future payments," in section 9
of Compensation act of 1915.....

definition of the word "commutation".

WORKMEN'S COMPENSATION.

.....

473

513

545

...

561

562

legislature must say what persons are entitled to benefit of
act-police patrolman of city of Chicago is not within
the Compensation act ....

test as to whether employee was engaged in interstate com-
merce-what does not bring injury within Federal Em-
ployers Liability act ...

23

... 167

when employer must prove that injured employee was en-
gaged in interstate transportation......
legislature has power to make Compensation act applicable
without election by employer.....

... 167

168

the Compensation act does not deny constitutional right to
jury trial-Compensation act is not invalid in creating
liability without fault .....

.. 168

Compensation act does not delegate judicial powers to the
Industrial Commission ....

168

restriction upon freedom of contract imposed by the Com-
pensation act is authorized by police power....

168

WORKMEN'S COMPENSATION.-Continued.

....

PAGE.

168

judgment confirming an award but erroneously ordering
execution may be modified...
when risk of injury by elements is an incident to employ-
ment-injury need not be anticipated......
when injury by a tornado arises out of employment.... 256
injury to employee while disobeying orders does not arise
out of employment....

.....

who is a dependent-dependency is a question of fact..
when the Industrial Commission must determine the bene-
ficiary-effect where the evidence shows dependency but
not its extent ....

the Compensation act of 1915 does not protect illegitimate
children of employee....

...

right to compensation under section 7 of act of 1915 de-
pends upon terms of statute....
when owner remodeling his dwelling house is not under
the Compensation act

256

301

314

314

334

334

338

same injury does not warrant compensation for disfigure-
ment and for permanent partial loss of earning capacity. 355
the Federal Employers Liability act controls compensation
where parties are engaged in interstate commerce...... 396
injury to watchman at railroad crossing used by interstate
trains is within scope of Federal Employers Liability act. 396
meaning of the words "salary," "wages" and "earnings,"
in section 10 of Compensation act...

....

what sums should not be deducted from miner's earnings
before computing compensation....

408

408

480

injury must arise out of and in the course of employment—
when injury arises out of employment..

when a risk is incidental to employment-risk incurred by
employee as volunteer is not incidental to employment... 480
when injury to employees while going to their work does
not arise out of employment..
employer is not a carrier when hauling is a mere incident
to his business.....

481

487

when an employee is not entitled to compensation-effect
where part of employer's business is under the act...... 487
compensation not authorized for injury while employee is
acting as a volunteer...

523

an employer's liability for injury to a volunteer depends
upon knowledge or acquiescence..

523

it is a question of fact whether employer has knowledge of
act of volunteer...

523

when injury to an intoxicated employee does not arise out
of his employment....

532

WORKMEN'S COMPENSATION.-Continued.

PAGE.

555

when heatstroke arises out of employment-burden is on
claimant to show injury was accidental.....
sunstroke or heatstroke may be the result of an accident—
when sunstroke may be regarded as accidental........ 555
when error in admitting coroner's verdict is not prejudicial 556
beneficiaries cannot be determined in proceeding for lump

sum award .....

561

compensation must be determined before it can be com-
muted to lump sum.....

561

lump sum award is not intended for benefit of creditors of
beneficiaries-when an employer does not waive right to
object to lump sum award.....
what is meant by "probable future payments," in section 9
of Compensation act of 1915-when a lump sum cannot
be sustained...

561

.. 561

...

.... 562

writ of error may be prosecuted under act in force when
final judgment was rendered........
fact that injury to a deceased employee arose out of and
in the course of employment need not be established by
direct evidence ....

when courts are bound by finding that injury arose out of
and in course of employment.....
actual notice of accident is sufficient-when an employee
of a chemical company is engaged in extra-hazardous
business....

......

579

579

579

616

employee's wife cannot testify to his statement as to cause
of injury resulting in death...
when infection with anthrax is an accident arising out of
the employment-when notice of accident is sufficient... 616

TABLE OF CASES

COMPRISING THE FORMER DECISIONS CITED, COMMENTED UPON OR
EXPLAINED IN THIS VOLUME.

Abram Coal Co. v. Southern, 5 B. W. C. C. 125.
Adams v. Iten Biscuit Co. (Okla.) 162 Pac. 938..
Ætna Life Ins. Co. v. Hoppin, 249 Ill. 406...

415
.176, 174

.348, 347, 345

Aldrich v. Aldrich, 287 Ill. 213.....

Aldridge v. Clear Creek Drainage District, 253 Ill. 251.

.112, III

586

Allmon v. Chicago, Paducah and Memphis R. R. Co. 155 Ill. 17. 163

Anderson & Co. v. Adamson, 50 S. L. 855....

.262, 261

Andrew v. Failsworth Industrial Society, 2 K. B. 32.

.... 261

Arizona Copper Co. v. Hammer, 39 Sup. Ct. 553.

175, 174

Armstrong v. People, 37 Ill. 459.....

294

Ayres v. City of Chicago, 239 Ill. 237.

190

B

Babbitt v. Grand Trunk Western Ry. Co. 285 Ill. 267..

Baldwin v. Smith, 82 Ill. 162..

Barrett v. Geisinger, 148 Ill. 98. .

Barrett v. Geisinger, 179 Ill. 240.

Barrett v. Stradl, 73 Wis. 385..

Barrows v. Barrows, 138 Ill. 649.

Barry, In re will of, 219 Ill. 391...

252

130

120

275

497

442

309

Bartlow v. Chicago, Burl. and Quincy R. R. Co. 243 Ill. 332... 498

Beckwith v. Carroll, 56 Ala. 12.

Belleville Nail Co. v. People, 98 Ill. 399.

PAGE.

94

105

Belton Oil Co. v. Duncan, 127 S. W. (Texas) 884..
Benson v. Tanner, 276 Ill. 594..

527

347

Bishop v. American Preservers' Co. 157 Ill. 284..

78

Bloomington Benefit Ass'n v. Blue, 120 Ill. 121.

31

Bond v. People, 39 Ill. 26....

294

Borah Drainage Dist. v. Ankenbrand, 260 Ill. 335; 279 id. 488. 165

Borah Drainage Dist. v. Ankenbrand, 277 Ill. 132.

Borders v. Hodges, 154 Ill. 498....

Bowler v. Bowler, 176 Ill. 541.

Bowlin v. White, 244 Ill. 623.

Boyer v. Keller, 258 Ill. 106..

Brainard v. Brainard, 259 Ill. 613.

Brennan v. Industrial Com. 289 Ill. 49...

-351, 165

498

404

548

Brewer & Hofmann Brewing Co. v. Hermann, 187 Ill. 40.

Brixel v. Brixel, 230 Ill. 441...

Brophy v. Illinois Steel Co. 242 Ill. 55....

Brown Construction Co. v. Cent. Ill. Construc. Co. 234 Ill. 397.

Bryan v. Wash, 2 Gilm. 557.

Bryant v. Fissel, 84 N. J. L. 72.

Brymer v. Butler Water Co. 179 Pa. St. 331.

Bullis v. City of Chicago, 235 Ill. 472.

Bureau County v. Chicago, Burl. and Q. R. R. Co. 44 Ill.

Caminetti v. United States, 242 U. S. 470.

Campbell v. People, 109 Ill. 565.............

54

Canal Comrs. v. Sanitary District, 184 Ill. 597.

468

Canal Comrs. v. Sanitary District, 191 Ill. 326..