Norwich bulletin., 1921-02-02

s= =.f-Gs e l. Rss.' '
 5 Connpensati tisn'f C6mlni s;aner James y. l Donohne 5ofa this. Ei tE has. for: the eecono time, Been snifalned. in. his ffnding in the case of. Marx Keeves, of Putnam calm ait, asaipktstRe John A ssDady9. .Corp.5 ern
 pioyeriS Of PatpAm., .. The sulfeme. court
 ef eETor4s of the. First Judicial District, tHartf6rd, tin decision announcedH Tues
 day gafternoon finds Sno error in,the case
 which had been appealed by the claim ant from ths decision of the superior
 court upholdsng the cirhmissioner. 9s-: D The srpreme court decision Sreads as
 Appeal by the p,amtifr from the re.
 fusal of the eonrensation xcomlnissioner
 ofs the Second district to, award her com
 pensStsnh for a personal injury to her husband resulting in his death: upon
 the gr6undS that the injury did not arise out Of his enaployment.s taken to an, dtried by the superior court in Wfndhazn county, Keeler,, judge, the court affirmed the de- judgement the plaintiff appealed. No er- TOT, A''
 | iThe claimants, huEband was employed
 as oyerseer of the winding room on the sel-ohd story sof- the respondents silk i mill in Putnam, and vas killed by falling | through an open do6rway' to the ground
 below. The accident happened. during working hours. The. doorway was pro
 tected by a. three inch bar about three
 feet from the floor. The. decedent was in
 good health, the room, was large, weli l!lighted, free from dust or smoke and at l the time of the accident the supertntend-
 ent of the mill was describing to the de cedent the details of. 2 surgical opera
 tion, whereppon the decedent said:
 That makes mo faint." and after de-
 clining assistance walked to. the doorway to get some air While stan6ing there his
 hands were seen to slip from the-bar, his
 knees to give way and he collapsed and fell through the operiing Between the bal lsnd the hoer. The commissioner :. found I,that tho cause of the decedeht's falling from the doorway was .at sudden faintnesS r due to .the recital of the details. of 2
 surgical operation ana that the faintnes, Ed!d not arise ;cut of anything connect ed. with his employment. On these find f inss,, which are not disputed, the, com missioner held that the. injury did no
 arise out of and h the course of the de
 cedept's employfnentsss and dismissed th .. claim, The superior court on appeal, con frned the award of the commissfoner an, rendered judgment for. the respond ents The only difficulty: in the. case. arise , from the fact that the ,decedent fel through a doofway7t6 which his employ ment permitted him to go, although it di not require him to be there at that tirs ? If, there, were no direct evidence of tn cause of his injury and deRth. it migh
 be inferred that he went there for som
 purpose conieeted with his emrloymen a Saunders V. Ncw England CIIapsibl 6 Tube Co.,, %s5 Conn. 40, ITO Atri:53 o . this reccrdA however, that inference r rebutted by the uncontested finding ths = he went-to the" doorway for rjiiY-rSnse 5Is
 connected with his, employment and tn. !. he fell through. tt because he fa.nted ava 8 while standing therS It is also found tn: b his faintness was not due to any scond l. tions connected with his employment ar s not due; to any disability which h brought to his emp;oymept It is n b necessary for the claimant to prove tn e the employment: or, some condition co s nected with 1t, was, the preximate eau It or the Injury. FtaEenzo V. R;chardA Il Co.,. s3. Conn. bss., But. .there mast
 rt some casual connection between :the el n. ployment and the injury Iarke ". Ha
 cock Mht.F Life 1hs' Co, 80 Conn, st < As Chief Justice .RuEg has said, t
 causatiTe danger must appear to ha ,- had it's origin in a risk connected wi fl the employment and to ;have. follow from. that as rational consequence N r. Nichol's@ Case. -215 Mass. 4s7.
 < ..,We are tumble to fad any operati v casual cohnection Se.ws ol the ,enp:c ' ment and the 'ini jury in this case. @3Wh r t4e open. doorway. protectkd by, a b iI was n some des;ree' potentially dansero :. there's is DO. finding that it .was .acfua = dangerous to person in good health V migkt> >stahd 1t Or thear it. <;The !redlA ( ,"s " eratiye and causa I've danger in this cs : I s,r ' i .