Norwich bulletin., 1914-10-28

Preston B. Sibley, who was snerlH of Nindham county at the time of his death last January, was a servant of the stete of Connecticut, and his widow Kate B. Sibley. as dependent is en- titled to compensation under the work mems compensation law. according to a decision made by Commissioner Dr. James J. Donohue of the Second district, and which was filed Tuesday with the clerk of the superior court or Windham county.
 The compensation commissioner or ders that the respondent in this case, which is the state of Connecticut pay tine sum of one hundred dollars, burial expenses of the deceased, together with such medical, surgical and hospital at tendance if any, as was necessitated during the period between Sheriff Sib- ley's injury and his death, and that the respondent pay to the claimant Mrs. Sibley, the sum of ten dollars per week for the period of three hun dred and twelve weeks.
 In his finding and award Dr. Don ohue says that the facts in this case are substantially undisputed Sher1fH Sibley, who was on his way on the a1- ternoon of Jan. 2. 1914. to meeting with the states attorney at Putnam, undertook to board a trolley car going to Putnam, at Q point nearly in front Of the city hall in Danielson. While attempting to get on the car, 1t started unexpectedly and threw him to the ground. This fall produced O cerebral -hemorrhage, which resulted in his death short time aferward.
 He died as a. result of an injury sus- tained by him while in the perform ance of his official duties and it was sustained by him without serious and vilful misconduct on his part and was not caused by any intoxication on his part.
 Sheriff. Sibley was born in 1s40 and while advanced in years, he was up to the time of the fall above mentioned. ir good health for 8 man of his age.
 The claimant, Kate B. Sibley, was the wife of the deceased, Preston E. Sibley, was living with him at the time of his injury and receiving SUD- port from him and was dependent up- on him for support within the mean ing of Chapter 138 Of the Public Acts of 1913.
 No difficulty arises in finding as a fact that Sheriff SPbley died as a re- suit of injuries sustained by him, aris- ing out of and in the course of his employment, provided he can properly ee said to have been an employe with act of Connecticut. The principal question to be decided is therefore whether the sheriff was an employe o1 the state within the meaning of the statute. am forced to the conclu- sion that he was such an employe and so find.
 Commissioner Denotue further says in his decision that:
 It is perhaps to be regretted that the legislature did not sec fit to give 10 a. conper sr tio7 commissioner the power to find tue facts and reserve de- cfsicns of law in novel and unusua cases fer advice of the courts ir a matter analogous to the familiar pro cess of reservation, but as no such power was given, the responsibility necessarily devolves upon the com missioner.
 It is assumed from the informal dis c,lssion of counsel which took place at the time of the hearing that this case will ultimately go to the supreme court of tre state, and in order that the reasons for making the decision may fully appear, a memorandum o1 decision accompanies this finding anG award, which memorandum of decis- ion is hereby referred to and made part h sreof, in order that it may bt available on appeal.
 Memorandum of Decision.
 The memorandum of decision give the following consideration of tn case:
 The case at bar appears to be 2 case of first impression, on which very little light is shed by the numerous re- ported decisions under either the Brit. ish compensation law. or the decision. of our sister states, some 21 in mum. Der. which have in one way or an. other adopted this principle of legis' lation.
 Paragraph 25 of our Act gives tn, commissioner the right to inform him self by written and printed record. of such facts as are best calculated to ascertain the substantial rights O the parties and to carry out justly the spirit of the Act. Even withou this express provision of law, an. person exercising quasi judicial func tions would have the right to take jul dicial notice of we'll known facts O political history. Both from the ex press words of the section abov quoted and from the principle of jul