The Bridgeport evening farmer., 1914-07-01

they hold the scales with an even and impartial hand
 ASSORTED CELL 1EgTES-Dur- ing his sojourn in the Montana peni- tentiary one Stephens spent part @e. his time in a. cell whose other occu- pant was an insane Italiau Later on, probably for variety's sake, he slar- ed his cell with a negro. Again he changed his quarters this time to a dungeon where his diet was whole some bread and wet water He was shackled, manac1ed, assaulted, beat en, his collar bone broken and his head and chest cut and bruised. For these few attentions and the shock to his refined sensbiitfes he asked dam ages of the warden. The Supreme Court of Montana in Stephens vs. Con- ley 138 Pacific Reporter, 1Se, held Ithat no damages could be recovered, it being shown that the cells were crowded and that it was not known that the Italian was insane. and that the punishments were those provid- led by the rules and regulations under the law, and the injuries received were due to a riots in which a guard was murdered, and to platntinf's vio- lent conduct, rendering them neces- sary in the guards self-defense.
 ARISING OUT OF AND IN THE COURSE OF ENEPLOKAEKagT.'s- .'s-The
 
 course of empIoymenf are the shoals that wreck many a personal injury suit brought under the Workmen's Compensation Act est 1911. C. 751s as amended by St. 1912, C, STD. The Supreme Judicial Court of Massach11- sets recently, in Milliken vs- A. Tow1ez & Go, 1O3 Northeastern Reporter, s9S, applied the above phrase as a test to a. rare set of circumstances. MiIhken, at the time of his death and for some 27 years before that time, had been a driver in the employ of A. ToW1e 6 Co. Some four or five years before his death plaintiff in the course of his employment fell from his wagon, striking on his head This caused inter alias an impairment of memory. On Oct 8, 1912, it ap- pears that while driving his wagon to the stable for the night, which was part of his regular work he was seized with such loss of memory and mental faculties that he was un- able to recognize streets and places and on account of such disordered mental condition, he became lost and unable to direct the horse to the sta bIe. The next morning he was found lying in a swamp and, with the ex- ception of his head covered with mud and water He was taken to a hos ering his memory. The cause of his death was pneumonia. brought on by cold and exposure while lying in the swamp. Plaintiff brings suit under the Workman's Conpausation Act for personal injuries. The court says: 's7he fact that MiIliken would not have met his death as he did but for the horse and wagon and his effort to get them to the stabIe,' goes no farther than to show that the person. al injury suffered by Ni1hken was a personal injury fin the course of his ernpIoyment' The difficulty in the case arises from the provision that the personal injury must be one .aris- ing out Of as well as one fin the course of his empIoyment' It was held in McNicoPs Case. zl5 Massa- chusetts, 497. 1O2 N. B. 697, that the provision limiting the personal in5ur- ies for which compensation is to be made to those arising out or the ern- ploye's employment means that the nature and conditions of the employ rnent must be such that the personal injury which in fact happened was one likely to happen to an employe in that employment. In that case 1t was said that there must be a casual connection' between the employment and the injury. There is nothing in the employment of driving a wagon which makes 1t likely that the em- ploye will aL1ight from his wagon. wander to and fall into a swamp and lie there all night. The distinction between the case at bar and a case within this clause of the act is well brought out by what is suggested by a. remark of the majority of the industrial accident board. If the horse driven by Milliken had run away, and A1i1hken had been thereby thrown out and killed, the personal injury in fact suffered in that case would have been one which from the nature of his employment would be likely to arise, and so would be one nITf f1f 7is Talr a'ezl employment It seems plain that