Evening journal., 1922-09-28

! pines
/ to mean only violence to the physi-
cal structure OF the body and such
disease or infection as naturally re-
! suits directly therefrom when rea-
sonably treated; and whenever
death is mentioned as cause for
compensation. II shall mean only
death resulting from such violence
and it's resultant effect when rea-
sonably treated as aforesaid.
Laying aside the theory Of n
personal Injury by accident predi-
Gated on the splash of lime In the
right eye followed by incubation OF
bacillus Of anthrax In the same eye.
there is another theory. based ex-
clusively upon the testimony OF DR..
Palmer who is recognized expert
on anthrax. upon which an award
can properly be made in this case.
His testimony contains the following
excerpts: II is a very hard matter
TO lust say when this thing gets IN,
but from the time the patient feels
the little prick. there is a little lump |
there just as big as q flea bite. The |
patient will feel something. IL II |
happens TO be IN the face. feel like 1
a little prick OF a pin. and will rub +
their hands on II. and they won't
pay any attention to It just then at
all for possibly three or four hours.
and then that begins to get a little
blood about It. External anthrax
is communicated TO the body through
the skin. II Is a peculiar disease
that Is transmitted to mankind
through contact with the bacillus
In view of these statements. Il
Is not difficult 10 reach the conclu-
sion that the entry Of the anthrax
germ was brought about by the bite
,f the bug which produced an open
ng or abrasion of the skin OF the
I'VE and the disease or Infection was
such as naturally resulted there
rom. There Is nothing in the lam ,
;uage of the section above REFEREED
o which requires an injury to have
leen caused through force exter- ,
lally applied, or much less, by some =,
angible substance OF material size. !,
This theory OF a personal injury I,
ustained by accident has been up {,
eld by the supreme Court Of Penn !
ylyania in which State the compen- :
alton law provides that injury and 4
injury shall be construed :
: in the compensation law OF De.a- 4
ARE"
The decisions OF courts in several !,
were cited as uphold
lg either or both of the themes on 4
hitch the award was based. ii
Another question raised was that /,
sufiiciency OF notice had by the n
mployer. The award reads: II,
CLOSE scrutiny OF the evidence IN
lis case discloses beyond a reason
BILE doubt that Hugh Kelly sus- =,
lined a personal injury by accident d
'om a splash OF lime entering hts n
ght eye some time during the first ;,
r second week OF the two weeks n
receding November IA while EN- :,
Logged IN the beam house at the n
liant OF William Beadenkopf Com II
any. II Is also deduced from the :
that the persons to whom
ich accident should have been re-
Drted had no knowledge Of the o. =,
irrence of the injury TO Hugh Kelly -
used by a splash Of lime nor was =
ny written notice OF the same givea
any OF them. As to the eye trou- ~
e. which proved to be inoculatil p'
bacillus OF anthrax, knOwledGsi '"
as had by representatives % the IT
nployer on November IA and Is al
'2l. the notice not being written fit
It such as to leave no doubt as TO p'
ceipt Of same. While such notice st
was given in this case OF wha- had
ippened may not have been suflcl-
It to give the employer actual
nowledge' OF the occurrence OF an 81
'c,dent. Il IS such information as Il
en- usually act upon in ordinary 70
imam affairs. However. there en- "
no question OF the fact that dc
of the injury was OBJ r.
ined' by the employer within thirty Gl
,O) days after the occurrence OF VI
e injury and there IS no evidence of
show that the employer was CT
eiudiced by delay in obtaining
ch knowledge. IT has been held tn
lat intelligibie Information OF NJ
Ct. either verbally or IN writing. tn
ID coming from source which a br
irty ought TO give heed to, Is gem an
ally considered as notice NJ IL - q,