New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1917-08-22
|D ] ATH FROM HEAT
HELD / B / } AN ACCIDE
INSURANCE COMPANY MUsTPAY
COMPENSATION TO UPPER
HEIRS
INTENSE HEAT IN EAGLE MILL
OBSERVATION-DISCLOSURES
FOR DEATH

afternoon, handed down a decision in
the case of Mrs. Anna Zupfer against
the Eagle Roller Mill company and the
] London Guarantee & Accident com
spany, in which Mrs. Zupfer is given a
Judgment against the insurance COM
tpany of $3.50 week for a term of 800
weeks, from July 20, 1916.
On July 20, last year, Andreas Zupfer,
husband Of the plaintiff, employed in
the Eagle Mills, was overcome by the
heat and died on the same day. The
insurance company which carries the
risks of the mill company, under the
workmen's compensation law, refused
payment under the plea that sunstroke
is not an accident, but disease, and on
behalf of Mrs. Zupfer, Attorney ALI. w.
Mueller brought suit to recover the legal
amount due. A month ago the case was
argued before Judge Olsen in chambers.
The court took the matter under advise
ment and has just handed down his
decision.
Decision Is Watched
The result of the case has been watched
by the various accident insurance COM
panies and their attorneys, all over the
country, for the reason of the claim
that "Sunstroke is disease and not an
accident" has never before been so
thoroly tested as in the present case.
In giving his decision Judge Olsen
says:
"Andreas Zupfer, aged SO years,
residing at New Ulm, Brown county,
Minnesota, was on the goth day Of July,
1916, and for some time prior thereto,
IN the employ of the defendant Eagle
Roller Mill company, as bran packer
in the packing room of its mill.
"On that day, July 20, 1916, at about
2 clock in the afternoon, while engaged
in his said employment, the said Andreas
Iupfer suffered heatstroke, or was
overcome by heat, and from such heat
stroke died at about $50 o'clock in the
afternoon of that day.
s. July 20, 1916, was very hot day,
with maximum temperature of SO de
grees, and without any breeze. The
machinery in the mill and room wherein
said Andreas Zupfer worked generated
some heat and the machinery in the
grinding room, adjoining the room where
he worked generates much heat, and is
about the hottest place in the mill,
outside the boiler and engine rooms.
The hot air coming thru an open door
OF the grinding room, near which door
he worked, added to the heat wherein
his work was performed"
In his findings Judge Olsen called
attention to the fact s.that there were no
fans or artificial ventilation in these
rooms, and that because working inside
OF the building and of the heat generated
by the machinery therein he was SUBJ
Ject to greater degree of heat and a
greater risk OF heatstroke than if outside
or in some other employment, and that
such increased risk and increased heat
peculiar to his employment contributed
to and was one of the causes of his in
jury and death.
Heat Causes Death.
And the court finds that the injury and
and death Of said Andreas Zupfer was
caused to him as an employee by accident
arising out of and in the course of his
employment for which the actual or
lawfully imputed negligence Of his said
employer was the natural and proximate
cause, and that his dependents are en-
titled to compensation therefor under
part 2 of the Workmen's Compensation
law of this state.'
Mr.. Mueller says he expects the in
slrance company will appeal the case
to the supreme court
trnI1NTv EArn Las