The Monmouth inquirer., 1921-07-21

additional evidence.
.In the second place, the effect OF
the order Of the supreme court Is 70
legalize all the bond issues of the Pub
lie Service Company and all the rentals
paid to subsidiary companies under
leases, the value Of which has never
been determined by the Board Of Pub
lie Utility Commissioners or the su'
preme court. II is contended by many
that these issues and rentals are based
upon excessive capitalization and do
not constitute a legal basis for fixing 9
rate Of fare.
"In the third place, the board Is now
devoting all its time and energy to an
endeavor to arrive at just and rea-
sonable rate upon the only fair basis
upon which rates can be determined
viz, upon consideration Of all factors ID
a rate making case, including the valu-
alton of the company's property, and
expects to arrive at determination by
the 18th of this month, as required by
statute.
.The court in its opinion refers TO
the company as victim of the board.
The board considers that the language
used by the supreme court in this con-
nection is unjustified. The board en-
tertains the same high conception OF
its duty as that actuating the members
of the court which rendered the opin-
ion in this case. The board is of the
opinion that the question whether the
fixation Of just and reasonable rate
is judicial or 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
ment and disease ensues which but
for the accident would not have ensued
and when such disease causes his death
this justifies 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-
tion 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 COM
pany as porter.
The evidence showed that on Feb
ruary 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-
tion 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 heavy snow
fall, and he was taken home within an
hour in a sleigh. He died II days
after the accident.
Medical Testimony Given
1t was argued by the company that
the cause Of death was diabetes or in.
fluenza, or both, but the physician CALI
ed by Mrs. Geizel testified that in eff
feet the accident was 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
Geizel's strength and vitality as to pre-
dispose him to the ravages 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 be
found as having been caused by an ac-
cident, although there was diseased
bodily condition prior to the injury,
without which death would not have
ensued, 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 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
by accident arising out Of and in the
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 was sustained in an opinion
filed in awarding judgment in favor
of Somers & Somers against Ella Fl.
Clement in an action to recover a
brokers' commission for services rem
dered in bringing about the sale and
exchange of 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 person able
and willing to take the farm OF the
defendant by purchase or in exchange
for property in Brooklyn at the pur-
chase price of $4,000. The commits