New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-04-17
THREE PENSION DECISIONS.
INJURIES IN THE SLIME OF DUTY"
IMPORTANT RULINGS BY ASSISTANT SECRETARY
BUSsEY.

IMPORTANT RULINGS BY ASSISTANT SECRETARY
BUSsEY.
Washington, April 16-AssIstant Secretary Bussey
to-day rendered three pension decisions IN which is
involved the important question Of when may and
when may not soldier be considered :" in limo Of
dutyS
The first case IS that Of W. IT, BrokenshAv, late
Of Company II, Goth Michigan Volunteers, who ap-
piled for an invalid pension. The basis Of his claim
was an injury TO the loft side incurred in the service
at Jackson, Michigan, about March rs, 1865, said
injury having been caused by three soldiers jumping
on claimant whilo he climbing into his bunk,
crushing RIBS OF the left side Just below the hearts
The claim was rejected by Commissioner Black upon
the ground that claimant was not injured In the
line OF duty
Assistant Secretary Busscy In his decision to-day
overulcs this decision and directs that Brokenshaws
nnme be pIe0od upon the pension rolls He says
In the original American decision (reeently reversed,
as IN the preceding case OF Harrington, tho Depart
ent declined to recognize the doctrine Of ccutrbutory
negligence as an element In the line OF duty, and
failed, therefore, to notice either the outlines or
the innocence of the injured party.
GBrokcnShaw was clearly in the line Of duty-not
massive only, but active duty-inasmuoh as no was
IN the act OF climbing into his bunk, the place Oh
customary rest, which II was his duty 70 use, and
witch was provided for him By the regulations OF the
service, when he received Tue hhcstu INV
said injury though not a necessary result was, as
to claimant an unavoidable incident Of the service
Il having been caused without provocaton on bis part
He was IN no degree a contributor 10 his own injury
but was merely the helpless recipient OF on irresis
Ible assault His title 10 remedy s plain but II
does not lilo against his assailants. II lies In tho
systom of pensions provided for disabilities incurred
IN the service and Inc OF duty. Ho was In his
proper place. ready 10 perform such duty a. he might
be called upon to do and the injury alleged as the
ground OF pension happened to him without any fault
or neglect on his part"
Another case Is that OF C. II. Sedgwick, late MD
shfpman, United States steamer santoe and United
states steamer Constitution. Claimant w@ Injured
by kick from -comrade board ship lie was
at the time, twttting snd teasing his oomrade,
Who becoming Incensed thereAt, administered 70 him
the 'kick from which his disability resulted. The
Assistant Secretary in this case Eustains former
decision rejecting the application, and adds uaI the
claimant was engaged In q manner that was mAhi-
seStly IN violation OF the rules OF The sorvice"
The third case Is thai OF EhEaboth nun, WIDOW oI
William Hun soldier who died 81 military prison
az NASHVILLE Tenn OF Inflammation OF he pleuIaI
contracted Ia the prison. Tho soldier was confined
In the prison Cor being absent from hs company eios
rc0tmeSrt without permission. In this case NJ
Rnsssv saye 10 entitle widow 10 pension, tho
wound the injury or the disease which caused tho
husbands death must have been connected win inc
compliance by him with the requirements OF military
duty such connection between the iata dlsoase hld
the service do not exist IN this case Inc io'mer
decision H. adhered %.