Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-26
GIVES RULING ON
LIABILITY ACT
Judge Osborne Decides That
Cause of Death Must Be
Conclusively Shown.

Judge Harry V. Osborne today
handed down an important decision
in an employers liability case where
in he ruled that the cause of death
must be definitely shown before COM
pensation can be obtained under the
act
The case was that of Mrs Mary
Curran, widow of Edward Curran,
who sought to obtain damages from
the Newark Gear Cutting Machinery
Company, the Standard Art Metal
Louis Richards, all having manufac-
turing plants in the building 60-6S
Union street.
Curran was employed as night
watchman by the four concerns, and
early on the morning of February %
last was found dead propped up
against the elevator shaft in the
building at 62-64 Union street, occu-
pied by the art metal concern.
The different plants in the building
were equipped with a time clock sys-
TEN of eight numbered stations in the
part of the building occupied by the
Gear Cutting and Art Metal plants,
and two stations lettered T and V in
the Dougher plant. Currans time
clock showed that he had punched
the clocks properly up to and includ-
ing o'clock on the morning of Feb
ruary %. AT o'clock he had punched
all but station eight in the Art Metal
plant and the two letters in the
Dougher plants.
The time clock showed the same
punching for o'clock. In order to
go from station eight in the Art Metal
plant to the stations in the Dougher
plant it was necessary for Curran to
leave the building and walk along
Union street for a short distance,
there being no connecting doors be-
tween those parts of the buildings.
Along the sidewalk and leading in
side in the building to the elevator
shaft where Curran was found was a
trail of blood. This first led to a po-
lice investigation with the thought
that Curran had been murdered, but
nothing was found to substantiate
this idea.
Judge Osborne in making his ruling
tied number of cases under the old
English employers liability act, all
tending to show that the actual man.
ner In which death was met must be
shown by the petitioner before the
court could act on the matter. The
judge pointed out that the court could
not act on inference that death took
place while the decedent was in the
performance of his duties. The bur
den of showing that this was so was
placed squarely upon the petitioner.
In making the ruling Judge Osborne
said
at will be observed that the cases
referred to plainly distinguish be-
tween the situation disclosing facts
from which an inference in favor of
the petitioner can be legitmately
drawn and a situation where the
cause Of the accident and whether
it arose out Of and in the course of
employment must be left to specula-
tion and conjecture. This clear dis
tinction is the crux of the whole sit
uation.
"Tn this case / find no evidence
which would justify the inference
that the accident arose out of and
in the course of the decedent's en-
ployment. In order to find in favor
of the petitioner would be necessary
for me to speculate as to which one
of several possible causes might have
produced the injury which resulted
in the death of Curran. This under
the well settled decisions, / cannot
do"