Putnam patriot., 1915-12-17
NO COMPENSATION
Two Good DefeuSeS Against Claims Of
POmfret Widow
Husband, George Esterbrooks, Fell 10
Death from Tree

/ AAiAuuRu no loItndi unuinH has OeSn
made Compensation Commissioner
Donahue of Norwich, after hearing
in that city, MONDAY, told Mrs. Ora
Esterbrooks of Pomfret that she had
no claim for damages against George
NJ. Lowry of Pomfret for the death of
her husband, George Esterbrooks, who
was killed by fall from an elm tree
on the +. J. Clark estate in Pomfret on
the morning of June cath last. The
commissioner gave two reasons for his
opinion. First, that Mr.. Lowry did
not come within the compensation act
rs he had less than five in his employ
! and second, that deceased was under
/ the influence of liquor when the acct
dent happened and was therefore him
self 10 blame for the accident. He
said be would render formal finding
later.
Mrs. Esterbrooks was her only wit.
ness. Mr.. Lowry was represented by
Judge NJ. IL. Geissler of this city and
several witnesses were heard in his be-
half Mrs. Esterbrooks told of her
husbands death and testified that he
WAS in Mr.. Lowry's employ. She
said she had three children, Parmalee,
aged 8; Harold, aged :, and Richard,
10 months old. She said she was at
the home Of her parents at the time
her husband met his death but it was
because she had just come out of the
hospital. Her husband was the sole
support of herself and children. She
had heard that men on the job the day
her husband met death had been
drinking.
Three reasons were offered why the
claim for compensation should not be
allowed. First, that Lowry employed
less than five and did not come within
the act; second, that deceased was not
in Lowry's employ at the time he met
his death, and third, that ceased
was under the influence of liquor when
he Was killed.
Mr.. Lowry testified that he did not
have five men in his employ. He was
not present when the accident hap.
pened. He had instructed his fore
man, George Davis, to discharge any
man who came on the job under the
influence of liquor. He said that Es-
terbrooks was ugly when drinking.
Davis, the foreman, testified that
Esterbrooks was ugly when drinking
and that he was ugly when he came To
work the day he was killed. He tried
to make trouble and pick row. He
told witness that he was going to Put
and witness told him if he did he was
discharged. ksterbrooks left but re-
turned shortly after 10 o'clock. lie
was under the influence of liquor. A
man was at that time up in the tree
spraying but came down as he was
afraid TO go higher. Esterbrooks said
he would go up and finish the job. He
told Esterbrooks not TO go up but Es-
terbrooks became ugly and rather than
have q fight he let him go. He then
started to descend. He had come
about Is feet nearer the ground when
he reached a crotch formed by the
limbs of the tree and there apparently
became confused as he hung suspend
ed in the air. Those on the ground
shouted directions TO him how TO save
himself but the only attention he paid
was TO hurl back oaths. After hang
ing till his strength gave out Ester.
brooks let go and fell some "a feet TO
the ground breaking his neck.
Clarence Watson, who works for
John Ash, foreman of the Clark estate,
corroborated Davis and added that he
smelIed liquor on Esterbrooks when
he came to work early in the morning.