Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-09-16

vided by statute from the time that
the petitioner returned to work. The
petitioner began working for the Old
Town Wooden Company on Nov. 9th,
in the picking room and that on Jan.
while engaged at his regular work
he received an injury to the right
hand resulting in severe decorations
Of the thumb, palm of hand, and the
first, second and third fingers, SO that
as result of the injury he is unable
to properly fiex the thumb or the
fingers above mentioned.
Chairman Littlefleld has also rem
dered a decision in the case of Wal
ter c. Baker. father, Annie Baker,
mother and Willis G. Baker. brother
Of Charles l.. Baker, deceased, versus
Richardson Dana & Co.. and the
Fidelity and Casualty Co., insurers.
dismissing the petition. The only
question involved is that Of de-
tendency as it is agreed that the ac-
cident received May 8. 1917. which
resulted in the immediate death of
Charles l.. Baker arose out of and in
the course of employment.
Chairman Littlefleld in his decision
says:
"fhe industrial board has made an
award for dependency of the mother
which was reversed by this court
The same point is. involved as in the
instant case. The happenings were
very similar. The son came home
with a wife in one case and without
a wife in the other. Contributions
were made in both instances and in
each it was but a fair exchange for
the benefits received so far as the
parents were concerned. The exist
ing situation during the time that the
deceased was living in his parents
home was briefly as follows: He
fulfilled the contract with his father
for his board, room, etc, by paying
the rent and contributing some groc
cries, and this did not constitute dc
tendency. He made gifts to the
mother, and while many gifts do not
constitute dependency. CLAIM is not
made that the mother was depender.-
upon her son for this money or ti2at
it was expended for necessaries
therefore, she cannot be said to have
been dependent upon her son at the
time Of his death. The brother, Will
lis c.. shows conclusively in the
briefest possible manner by his testi-
mony that he was not dependent
upon his brother for support, there
fore. the prayer of the petitioner is
dismissed
Another decision is in the case of
Sarah A. 1ngersoll, dependent sister
of George w. Ingersoll, late of West
brook versus the city of Westbrook
and the Travellers Insurance Co., in
surer. dismissing the petition.
The decision states that the de-
ceased was instructed to drive a
double team on the afternoon of his
injury and death. He was crossing a
railroad track when injured. and no
person present at the hearing knew
for what purpose the deceased may
have been crossing the track at the
time of the injury. He was not sent
on any errand by the superintendent
of streets, and it does not appear
that the act of crossing the railroad
Oh lOoI Hdu any CollIleStIOl Win MS
employment In order to show that
compensation is due as the result of
an injury or death the burden rests
upon the petitioner to show that the
accident causing said injury or death
arose out of and in the course Of
employment. The petitioner has
failed to show this important re-
ouirement of the workmens' com
pensation act, therefore, it is not ne
cessary to consider the question Of
dependency.