Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-09-29

on the other hand. IL is in evidence |
that there is no such thing as one |
hundred percent disinfection for an
thrax' In the words of DR.. Palmer,
1t doesn't come. Anthrax Is one of the
bacilli that is hardest to kill that
science knows Of. Also there is the
probability that the anthrax bug may
have been brought to the factory from
an entirely different lot Of hides and
eventually found a resting place In the
hides that this employee was working
with at the time of the injury.
1923 rr. Section 1877 of the Delaware
Workmen's Compensation Law pro-
vides that the terms injury and per-
sonal injury as used in the said law
shall be construed to mean only vio
lenCe 10 the physical structure of the
body and such disease or infection as
naturally results. directly therefrom
when reasonably treated; and when
ever death is mentioned as a cause for
compensation, il shall mean only death
resulting from such violence and its
lsresultant effect when reasonably
treated as aforesaid.
Laying aside the theory of per-
sonal injury by accident predicated on
;the splash of lime in the right eye
followed by incubation Of bacillus of
anthrax In the Same eye. there is an
other theory, based exclusively upon
the testimony of DIR. Palmer, who is
recognized expert on anthrax, l.pon
which an award can properly be made
! in this case His testimony contains
/ the following excerpts: 1t is very
hard matter to Just 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 a
flea bite. The patient will feel some
thing, II II happens to be in the face,
feel like a little prick of a pin. and
Will rub their hands on Il, and they
won't pay any attention to il 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. 1t is peculiar disease that
is transmitted to mankind through
contact with the bacillus.
In view Of these statements il is
not difficult to reach the conclusion
that the entry of the anthrax germ
was brought about by the bite of the
bug which produced an opening or
abrasion Of the skin OF the eye and the
disease or infection was such as
naturally resulted therefrom. There is
nothing in the language Of the section
above referred TO which requires an in
jury to have been caused through
force externally applied, or much less
by some tangible substance of ma
terial size.
This theory Of a personal injury
sustained by accident has been up
held by the Supreme Court Of Penn
sylvania in which State the compensa-
ton law provides that injury and
personal injury shall be construed
} as in the compensation law Of Della.
ware
, The decisions of courts in severa
jurisdictions were cited as upholdine
! either or both of the themes on which
, the award was based.
: Appellate Division-Supreme Court
! New York; Supreme Court. Illinois
; Supreme Court. Michigan; House o.
: Lords, Great Britain.
! Another question raised was that O
a
/ ployer. The award reads:
S Close scrutiny Of the evidence i,
This case discloses beyond a reason
5 able doubt that Hugh Kelly sustained
personal injury by accident from ;
= splash of lime entering his right ey,
: sometime during the first or secon(
week OF the two weeks preceding No
vember IA while employed in the bean
house at the plant of William Beaden.
kopf Company. 1t is also deduced from
the testimony that the persons Il
whom such accident should have beer
reported had no knowledge of the oc.
cnrrence Of the injury TO Hugh Kelly
caused by splash Of lime nor was
any written notice Of the same given
to any OF them. AS to the eve
trouble. which proved to be inocuIa-
ton OF bacillus Of anthrax, knowledge
was had by representatives of the
employer on November Ia and 10. 1921
the notice not being written but such
as to leave no doubt as to recent O,
same. While such notice as was giver
In this case of what had happened
may not have been sufficient to give tn,
employer actual knowledge of tn,
occurrence of an accident, il is sucf
information as men usually act upor
in ordinary human affairs. However
there can be no question of the fac
that knowledge of the injury wa,
obtained by the employer within
] thirty 1901 DAVIS after tho occurrence