Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-29
EMPLOYERS ARE
HELD LIABLE IN
ANTHRAX CASES
Industrial Board Rules Depend
eats Of Victims Entitled to
Compensation.
AWARD IN THE KELLY CASE


The Industrial Accident Board has
made an award which IL OF much In
tcrcst to a large number OF industrial |
workers In this city and their EN-
ployers.
The casc involved an Interpretation
OF the compensation law as to whether
or not the widow of n morocco worker
WAe- aahtracted anthrax and died with
la q few days. Is entitled TO compcnsa-
ton from the employer OF her hus-
hand on account OF his death. The |
hoard decides that the widow of such |
u worker is entitled to compensation
and makes an award in the case under |
consideration. The award I'm part is
a. follows:
IT In now well established prac-
tce In compensation cases that. n
claimant must prove an accident aris-
Ing out OF and in the course OF the
employment and II Is equally well
settled that In making such proof
claimant must produce some legal
evidence. and cannot rely exclusively
on hearsay evidence. For this reason.
undue credcnce should not he given to
statements that anthrax follows The
handling OF the skins or hides of ami
mails but in this case there is .af-
hrmative evidence given by DIR. John
Palmer, who has probably had the
largest personal experience of any
physician in the United States in the
treatment of this disease and Dr. ID. l.
McColley, who has had some expert
ence In the treatment Of anthrax.
From the testimony OF these physi-
clans. we conclude that anthrax is an
infectious and usually fatal disease of
animals; especially cattle and sheep.
and occasionally Of man. The men
who become it's victims are usually
those engaged in handling hides. wool
or animals that are infected. The dis
case may be acquired by breathing In
or inhaling the bacteria. or by in
oculation through an abrasion of the
skin. The latter is the most usual
way. The period Of incubation after
Infection il from a few hours TO sew,
eral days.
DIR. Palmer testified that when he
saw Hugh Kelly on Tuesday II was
our Judgment that anthrax was under
way and the next day we were very
well satisfied then as 10 the anthrax
The condition Eot worse, and he final
~ died early on Friday morning. II
was running so close TO the eye, and
practically within the eve. that we
think the swelling had gone through
and along the eve into the optic nerve
and disturbed the brain The doctor
further testified that there could be
no external anthrax except through
some abrasion or cut on the skin
but IL is not necessary for an abra-
zion or an opening to he sufficiently
large To I've able to see 1t by the eye
just microscopically Pressed for an
opinion as TO whether a splash Of
lime could create such an abrasion or
condition for the entrance of the an
thrax bacillus, DIR. Palmer testified
we would consider that the lime burn
would have been we'll before the time
the anthrax might have gotten IN
"pr McColley testified that Hugh
Kelly died with malignant pustle an
thraX' contracted by coming in contact
with anthrax germs which are gen.
orally found in hides and that ii was
his impression that Hugh Kelly came
On contact with the bacillus Of anthrax
while handling hides in the employ
pany. The doctor further testified
that II could have been possible that
the injury Hugh Kelly received TO his
eye. from a splash Of lime. could have
rendered the eve more susceptible e
incubation OF the bacillus OF anthrax.
The Industrial Accident Board i:
convinced that IL is reasonable con.
clusion from the evidence that tn,
anthrax bacillus came in contact with
an abrasion or an opening in the Skin
Of the right eye OF Hugh Kelly. caused
by "a splash OF lime which entered thi:
eye during his employment. OF cours,
no one saw this bacillus make its con
tact. In the nature OF things. tn.
entrance OF the microscopic organism
was not perceptible but this eye hat
been burned and the outer coating ha,
undoubtedly been broken, the eye ha,
become swollen, the characteristic
malignant pustule developed. the rapi,
destruction Of tissue occurred and tn
speedy death resulted. The sequence
Of events is scarcely susceptible o
any explanation except the acquirin,
OF tho anthrax bacillus by Hugl
Kelly. the deceased husband OF Mar
nCliyt tuc Nfllt elllDltNei
~ the plant Of William Beadenkop
Company. the employer. There is n
direct proof that there were, or eve
had been, any skins or hides in III
plant Of the William Beadenkop
Company which were affected wit
anthrax. Evidence was offered by IN
employer TO show that the particula
Not OF hides that Hugh Kelly had bee
working with at this particular tim
had been certified to by the importe
as having been clean and the Burea
Of Animal Industries Of the Unite
States Government must have bee
satisfied that the proper precaution
had been taken and the standard disin
fections had been given before thl
shipment Of hides TO William Beaden
kopf Company was released from, bon,