Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1889-04-25
THE LINE OF DUTY"

Pension Decisions Defining just Cl11BHoR
Accidents While in the Army.
WASHINGTON, April lA-Assistant Sec-
retary Bussey yesterday rendered three
pension decisions in which was invosved
the question OF when . soldier might BE-
considered in the line Of duty.
The first case was that Of ". 81. Broc1-
enshaw, late Of company H, Twenty ninth
Michigan volunteers, who applied for an
invalid pension for injury to the left side
incurred at Jackson, Mich. aboxt March
., 1850, caused by three soldiers jumping
on him while he Was climbing into his
bunk, crushing the ribs on the left side
just below the heart The eiain wns re-
Jectsd by Commissions Black upsn the
ground that the '-clai0Anf was not in.
jEred in the line OF dnfy.~ Bussey over
rales the former decision and directs that
Erockenshaw's name be placed upo8 the
pension rolls, rating his disability iu ac-
eoxdance with isw. He sayss lin the
original zimmerman deeision-seeerely
reversed-as IN the preceding case
of Harrington. the department declined
to recognize the doctrine of contributoRy
negligence as an element m the line of
duty and failed, therefore, to notice. either
the gIiltiness or the innocence OF the in
tured party. Il IS an inmenaorial and
true doctrine Of tbs comnzon Law that
the plaintiff has NO remedy Il his zegfi-
gence in any degree contributed to the
accident CT which he complains and
whereby he suffered injury, bat the con-
verse Of this doctrine is equally true, viz,
that If the negligence Of the other party
was the sole pFoximate cause OF the in
jury, then the injured party may recover
As now correctly held by the department..
zimmerman was in his proper place ready
to perform such duty as he might be called
upon to do, and was guiEless OF any act
contri butory to t. inasmuch the int bury
alleged as the ground o< pension hap
pened to him without any fault OF neglect
ON his part, and. hence. he was entitled to
q remedy for the result That which, in
this particular, was true Of zimmerman
seems to have been true. With increased
emphasis, of Brockersh haw, the claimant IN
the pending motion. Brockenshaw was
clearly in the line OF Saty-
not passive. only but active duty,
which, inasmuch as he was in
the act Of climbing into his bunk the
place Of customary rest which it WAS his
duty to use, and which was provided for
him by the regulations Of the service
when he received the alleged injury, the
said injury, though not necessary result
was, as to claimant an unavoidable in
cident Of the service, it having been
caused, without provocation on his part,
by three soldiers, names unknown. jump
ing on him while he was climbing into his
bunk. He was thus IN no degree a con-
tributor to his own injury, but was merely
the hapless recipient OF an irresistible as
sault His title to remedy Is plain, but 1t
does not lie against his assailaAts-it hes
in the system of pension provided Tor dis
abilities incurred in the service and line
of duty. He Was In his proper place,
ready to perform such duty as he might
be called upon to do and the injury al
legged as the ground Of pension happened
to him without any fsult or neglect On
Another case was that of C. II. Sedg.
wick, late nidshipman United States shiI
Santee and United States ship Constitution,
who was injured by a kick from . comrade
on board ship while. to use his own Lam
guage, 'twitting and teasing" his COM
rade, who, becoming ncensed, admins
tered to him the kick. The Assistant
Secretary in this case sustains a former
decision rejecting the application, and
adds: ''Here it is apparent that the claim
ant not only contributed directly TO pro-
duce the cause OF his injury but that he
was engaged at the time in a manner that
was manifestly in violation Of the rules
and regulations of the service and sub
versive of discipline and good order, and
:he injury resulting from such conduct on
his part was unquestionably not incurred
in line of duty"
The third case was that of Elizabeth
Hull, widow OF William Hull, a soldier
who died in a military prison at Nashville
| Tenn, of Inflammation of the pleura con-
| tracted in the prison, having been arrested
and confined in the prison for being absent
| from his company and regiment without
| permission. In this case Mr.. Bussey says:
| ITO entitle a widow to a pension the
| wound, the injury or the disease which
| been connected, as q result, with the com
| pliance by him with the requirements OF
| military duty. Such connection between
| the fatal disease and the service did moi
exist in this case" The former decision
4 is adhered to.