The Penn's Grove record., 1921-07-15

Toes not prohibit the consideration OF
additional evidence.
In the second place, the effect Of
he order of the supreme court is to
~e-alize all the bond issues of the Pub
ic Service Company and all the rentals
I1aid to subsidiary companies under
eases. the value of which has never
leen determined by the Board of Pub
lie Utility Commissioners or he SUI
nreme court. 1t is c%ontended by many
HAT these issues and rentals are based
apon excessive capitalization and do
not constitute a legal basis for fixing a
rate of fare.
In the third place, the board is now
devuting all its time and energy to an
pndeavor To- arrive at a just and rea-
suuable rate upon the only fair basis
upon which rates can be determined
viz. upon consideration of all factors in
a rate making case. including the Valu-
alton of the compauy's property, and
expects to arrive at a determination 10y
the 18th of this month, as required 10y
statute.
"The court in its opinion refers to
the company rs a victim Of the board.
The board considers that the language
used by the supreme court in this con-
neetfon IS uuiuStitied. The board en-
terainS tile same high conception of
lis duty as that actuating the members
of the court which rendered the opin-
ion i'm this case. The board is of the
opinion that the question whether the
fiNation of Il just and reasonable rate
is a judicial or a legislative function
should be definitely settled
Award Is Upheld
Where a workman receives a per.
sonal injury from an accident arising
out of and in the course of his employ
meut and a disease enSues which but
for the accident would not have ensued
and when such disease causes his death
this iustifies a finding that death was,
in fact, the result of the injury and
was by accident within the meaning of
Section 2 of the workmen's compensa-
tion act, even though it is not the nat
ural result of the injury.
That in part forms the syllabus OF
an opinion by Justice Trenchard filed
in the supreme court affirming an
award by the Union court of common
pleas under the workmen's compensa.
ton act In favor of Mrs. Eliza GeiZel
against the Regina Company of Rah.
way as the result of injuries sustained
by her husband, Jacob Geizel, who died
later. Geizel, who was seventy-two
years old, was employed by the CON-
pany as a porter.
The evidence showed that on Feb
ruary 6 of last year Geizel was caught
between the door and casing Of the ele'
vator and pinned there, with one leg
within the elevator and the other on
the outside, and remained in that posi-
ton from five to eight minutes, 1t was
necessary TO pry the door away to re-
lease him. 1t was impossible to get an
ambulance because of a heavy snow
fall. and he was taken home within an
hour in a sleigh. He died II days
after the accident.
Medical Testimony Given
It was argued 10y the company that
the u of death was diabetes or in.
duenza. or both. hut the physician call.
ed by Mrs. Getzel testified that in ef.
feet tire accident was Il factor in pro
ducing death. Justice Trenchard said
the medical testimony clearly tends to
show that the injury and consequent
shock and exposure so Impoverished
GeizeTs strength and vitality as to pre-
dispose him to the rayages of the dis
ease.
IF we assume said Justice Tren.
chard, that before or at the time of
the accident Geizel was suffering from
bodily disease that does not necessarily
defeat compensation. Death may he
found as having been caused by an ac.
cfdent, although there was a diseased
bodily condition prior to the injury,
without which death would not have
ensues, where, as may be inferred here,
the undevelOped and dangerous phys
ical conditions are set In motion pro-
ducing such result"
In the syllabus of his opinion Justice
Trenchard said that in a proceeding
under Section 2 of the workmen's com.
pensation act to recover compensation
for the death of an employee the bur-
den of proving that death was caused
ny dNOluCLI III lolII- OdI III III LII IIC
course of his employment is upon the
petitioner. The findings of fact by the
trial Judge in a proceeding under this
section will not be disturbed If they are
supported by the evidence"
The Monmouth county court of COM
mon pleas vas sustained in an opinion
filed in awarding a judgment in favor
of Somers & Somers against Ella H.
Clement in an action to recover a
brokers' commission for services rem
dered in bringing about the sale and
exchange of a farm belonging to the
defendant. The court held that from
the evidence it appeared that the plain
tiffs carried out the terms of their
agreement by procuring a person able
and willing to take the farm of the
defendant by purchase or in exchange
for property in Brooklyn at the pur-
. cbaSa Drica of G3000O Tho commits