Norwich bulletin., 1914-11-14

The finding and award and memor- anAum of decision was filed on Friday with the clerk of the superior court py Dr. James J. Donoaue, compensation commissioner, in the case Of Mrs. MaT- cta s. Marsdaie adrninistratrix, or New London, against the Thames ToWooar Co. of New London. She was cialIn- ant against the company for compens- afiOn for the death of her son. George' who jumped overheard and was drown ed on April 15, 1914, in Rathbun Bay near South Anboy, N. J., while ne was am employe of the company on ooaro the tug Aries.
 was a total dependent of her son ana that his wages were $50 per month ana board at 50 cents per day, ComInls- sfoner Donohue had directed that the Towboat company pay the n1arSs moch- CT S5.22 per week TOT dlZ Weeks' which is one-half of his weekly wages, and the sum of S100 for burial ex- penses.
 Counter Claims
 Against the finding and award of the commissioner, the Towboat company made the claim thaat the workmen, s compensation act has no extra. terri Sor1al force, that the district court Of the United States has sole and exclu- sive Jurisdiction of an action, if any there be, arising out of the death in this case, that the compensation act is unconstitutional, that the fatal in- jury did not arise out of and Tn the course of the employment Of the deced- erit, and that the e1imant for whose benefit these proceedings are institut- ed is not a dependent
 These various claims were overruled by the commissioner.
 One of the important rulings by the commissioner in this case covered upon Ila F-a-- xIaA 0YN6o oF1f company that the Connecticut compen- satiou law had no extra-territor7aI force, that is, that it did not apply upon accidents or fatalities transpir- ing outside of the state, a claim which was overruled by the commissioner.
 In his memorandum of decision, Commissioner Dono1lue quotes, among others, the New Jersey case of Deeney vs. Wright & Cobb Lighterage Co, fro mwhich he gives what the court says as follows:
 Tt appears that there is an implied contract to compensate for injuries arising out of and in the course of the employment, and under it all other methods and rights to any other form of compensation are relinQuished. The statute can have no extra, territorial effect, but it can require contract to be made by two parties to a hiring that the contract shall have an extra territorial effect"
 "The cause of action of petitioner is ex contractu The Lex loci contractuS governs the construction of the con- trFct end determines the legal obliga- tions arising from it"
 The compensation acts of the state of New Jersey and the state of Con- neCticut are very similar on the Ques- ton of contract of employment, and the foundation of thet principle of com pensation seems to be based on con- feyI1f c-HNn 1la given to the decision of the New Jer- esy supreme court, especially in the Deeny vs. Wright & Cobb Lighterage company case: and under the Connec- tic1lt act, when an employer and ern- ploye agree to accept it's provisions, it recommendation and waiver of all rights and claims arising out of injuries sus- Tained in the course of employment, except in the. manner provided by the act.
 The respondents attorneys make the claim that the enploye who has received an injury shall submit him. self on request to an examination by a reputable practicing physician and then they attempt to conclude by stat ing that reputable practicing physf- clan must mean one practicing under Ehe laws of the state of Connecticut. There is no reason to conclude but what 8 reputable practicing physician of any state can make the examina- Sdon in question
 Upon the claim that Mrs. Marsdale was not dependent of her deceased son, George, the commissioner shows that there was an agreement between hi mand his mother that he should support her and he had been paying all ehe funeral expenses of his father and had just completed the last payment the week before the boat sailed While George Marsdale was paying off these funeral expenses, Mrs. Marsda1e had been living with another son, Charles, but the agreement was that George was to support his mother as he had previously done before he took up the