The Springdale news., 1889-04-19
PENSION .ir.sss 1ns.

s
 Ruiings showing tlte s..aa orI Fyr4sstspt ed by the Present rce-srw aafhnrities Guntributary NegIts snee EsE~ta ths
 Appiicant-Ca&e tA Potfr cttes. show 2 ing tho Distinction Iset&sen the Line pf
 Duty and the Rever-e-.
 WASHINGTON, Aprs ssfre-Assstsrss Secretary Bussey yesterday reniersa sns important pension deelEian, ssxerTnhn1 his predecessors decisioA- al the Case '1fs Z ". II. Brokeushaw. Ia xis thas claimant was injured py tKrsA nnknowa soldiers jumping on him w1llie sr VAS climbing iuto his bunk. Assistant Secear-s tary Hawkins held thatAt AtrokeE:=s4Assgs VI N not injured while iu tine tfneef Intvs ank declined to grant pension ph thN ground. Since that decision szaez hLge been two other similat deriNlonss n which the question of eantriaatory ntss1isefee was involved. Citing these, Assi ssAnt Secretary Blssey says
 h'tn the original AmmsFfuaa dstiSien. C ia the preceding case If EarTia-teps ths' Department declined to recogf l4h tue doctrine of coutrihufsry negligeaev Hsss an element in the line V duty. and fslileska therefore, to notice eithAr the glnftins4a or innocence oi the Injured party. ft ise an immemorial and true- doetiIny of tue common law that tho fla4nti1 has -1se remedy if his negligeeee in any WY con- tributed to the accident of which he com plains, and whereby lieT susfsxed injsEgs busthe converse of this doctriae k esIaai- ly true-viz. That is the aeNgeaee ssf the other party was the sole pfnxlnato cause of the injury, then the injured party may recoveA As now corr~ets iy held by the kepartmeat Anas merman was in hiS prvper place, ready to perform ssieh duty ns he might hn called upon te ang and Was guiitless of any act eontrioutory tn it. in-a asmuch as the injury alIeged as tho ground of pension happeneN tv httn with out any fault or neglect on his part, nnd. hence he was entitled to remedy rpf the result. That which, ia this partteafar was true of Ammerman, seems to hnye heen true with inereasn4 emphasis ct Brokenshaw, tho claimant us1 1Ssa pe sling motion. Brekenshaw wnseeiearsy in ssfv line of duty-nOt passive, oHiy, but act- i've duty-inosmuCh as hs WAS i'll tue act of climbing iuto hts buQk. aae plae~ot customary rest, which il was bis s1htv fo Use, and which was provided f2srhim by the regulations of the service ben fo received the alleged injury. the said in jury, though not a necessary result, was. as 10 elaimant,an unavoidable ineident of the service 1t having been caused With out provocatiou on hts paet by three soldiers, names unknoA<x& jumping au him while he WIS climbing into his. bunk. He was thus h no degree a contributor to his own i'll . jury but was merely tho helpless re- eipient of an irresis able assault. His l title to remedy is plain; bnt, 1t does. not l lie against his assailants. Il lies in tho system of pensions provided for dlssAnii : ties incurred in the service ant itue of duty. He WIS in his proper Htaes, ready ta perform such duty sss h Iii tt 3e called upon 10 do. and the injury alfssed as the ground of pension happeaea te nm without any fault ur neglect afl his nart-t
 The doctrine which tsie depsriu a' now avews is a funlameaeaa faIs ef jas- tiee. and the application # | ts1 the claimant in this, as in all siu1ilar case 5 seems to be required by the trHe spirit and intent of tho pension systenl.'
 The assignment Of error contained n tho motion for reconsideration af the tte- eision in this case, filed by the attorney of claimant, Assistant Saeretary Kusses says. is sustained. and ths Commissioner of Pensions Is directed to put Broken shaw's name on the roll of pensioners and to rate his disability in accordance with law.
 In two other cases. wllere an injury V received, which the elaimant allese
 incurred "iu the line ag duty" AsH
 Secretary Bussey holds that re
 not. In one case thg~elaimaut V hnt
 from his regiment without leav sa-
 other by proyocation .in teasing in-
 rade he incurred an iujary, both leh
 are held by Secretary BlsSey bye
 been received without tho line q y,' and pensions arQrdeuled