Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-07-11
RESCRIPT FROM
THE Law COURT
Handed Down in Case of Mrs.
Joseph Dulac VS.. Proctor S.
Boure Co., Employer and
Federal Mutual Liability Ins.
Co.

Appeal is sustained, petition dis
missed and compensation is denied in
the case of Mrs. Joseph Dulac VS.
Proctor & Bowie Co, employer and
Federal Mutual Liability Insurance
Co. by rescript drawn by Associate
Justice Albert NJ, syear, which has
Just been handed down by tho Maine
law court. The rescript reads as fol-
lows:
The petition in this case Of Mrs.
Joseph Dulac. widow, is in the usual
form and describes the accident from
the result of which she claims COM
pensation for the death of her hus-
band as follows: He was lifting a
heavy machine which caused hernia
or the abdominal wall in the epigas-
trio region" No other injury IS de-
scribed nor does the evidence, when
all considered, nor any finding of tic
chairman of the commission, disclose
any.
BESIDES the epigastric hernia, also
called the ventral hernia, which the
evidence shows was produced as
ceased had previously suffered from
an inguinal hernia, that is hernia in
the groin. But neither the evidence
when all considered, nor the finding
OF the chairman. attribute any appre-
cable aggravation of the inguinal
hernia to the accident which produced
the cpigastric hernia.
The decedent was operated upon for
the opigastric hernia for which the
defendants were responsible, and at
the same time for the inguinal hernia
for which the defendants were not re-
SponSible, as 1t was neither caused by
the accident nor operated on with the
knowledge and consent of the defend
ants.
Upon the facts in the case may be
deduced the following results:
L. If there had been no operation
at all it is evident that Mr.. Dulac.
as far as the injury was concerned,
might have lived and received com
pensation to be computed under the
provisions of Section /, Paragraph TX
2. If he had been operated on for
the epigastric hernia only, for which
the respondents We're responsible. he
might have lived and received compen-
sation under the Same paragraph.
g. By employing and directing the
surgeon to operate on the inguinal
hernia. he himself contributed to the
proximate cause of his death that is.
the cause without which he might mt
have died.
BY the process of elimination then.
1T is apparent that the only ground
upon which the petitioner can recover
is upon the death as a direct result of
the injury, and the chairman of the
That Mr.. Dulac dies as a direct re-
suit of the injury sustained on or
about December 10th. 1912"
We find no evidence to support tho
finding. The inguinal hernia clearly
was not affected by the accident The
operation on it was entirely indcpnn-
dent of the vcntral operation and done
at the express request of the de
ceased. and was not necessary at that
time.
Accordingly, inasmuch as the evi-
dence tails TO show that the injury
affected the ingLinal hernia at all. the
plaintiff then leaves it to uncertainty
or conjecture whether the dccedent
would have died from the shock of
the ventral hernia, and cannot then
recover, because she must prove that
fact
Held:
bo 70 oil,
casual relation between the injury
and the death of the plaintiffs deco
dent.
Appeal sustained.
Petition dismissed
Compensation denied.
Received July Sth 1921