Evening journal., 1922-01-31
new RULING BY
ACCIDENT BOARD
(contInued From First Page }

ware Workmen's Compensation Law
OF 1917) and mindful Of the admoni-
ton OF the Superior Court sitting In
and for New Castle County, In the
case OF Benjamin f. Shaw Company
VS.. Palmatory that, they Industrial
Accident Board) shall seek to obtain
from the witnesses. full information
concerning matters before them for
determination, whether the claim
ants are or are not represented by
an attorney the board developed
the following facts despite the vigor-
Gus objections Of counsel as may be
seen from the exceptions noted in
the record.
ION the morning OF August 25,
1921 and for more than three weeks
prior to that date. Anthony Irons.
the claimant-employee. was engaged
in the employment OF making re-
pairs to certain dwelling houses. To-
Gated in the 400 block on Townsend
street, Wilmington. the said houses
being owned by I. X. Kreshtool. the
defendant-employor. Said employ
ment OF the claimant. Anthony
Irons. consisting of plastering and
brick work inciden. to following up
the work OF other mechanics en-
gagged in the same employment. that
Of repairing the aforesaid houses;
and, barring unforeseen events, such
employment would have continued
for several weeks after the afore-
said August %. The fact that the
claimant. Anthony Irons, was in the
employment OF 1. X. -Kreshtool TO
do this work is not disputed.
"Under the terms OF the oral con-
tract OF hire. existing between An
thony Irons. claimant. and /. X
Kreshtool. employer, the claimant
was employed as a skilled laborer
at sixty-five cents $50 an hour,
working nine (9) hours a day. for
FIVE and one half (5izl days per
week, his weekly wages based on
this scale amounting to $32.1S per
week. said wages having been paid
from on or about August 1, 1921, TO
August %. 1921.
ION August 25. 1921. while in the
employment of making repairs TO
Tie dwelling house known as 429
Townsend street. Anthony Irons
claimant. sustained a personal in
jury by accident. consisting OF a
complete oblique fracture OF the
right femur, just above the knee,
with a slight chipping Of the patella
said injury having been caused by
ladder slipping while claimant was
carrying a pail Of water to the tor
OF the aforesaid building for the
purpose of softening mortar used IN
plastering a chimney.
Actual knowledge of the occur
renee Of the accident to Anthony
Irons. claimant. was had by 1. X
j Kresttool. employer, on the day OF
its happening, as the said employer
called at the Homeopathic Hospital
where the injured empioye had beer
sent by the police authorities. Moth
ing was said at that time by eithei
claimant or employer, as to the fur
b nishing OF reasonable surgical, med
ical and hosntal services. medi
. cines and supplies, nor has any pay
ment been made as yet for thes'
, services
= Both Anthony Irons. claimant
and /. X. Kreshtool. employer. oi
August >, 1921, were bound by tn
compensatory provisions Of TIL
Delaware Compensation Law o
1911 insofar as neither of them ha'
served legal notice that they hal
elected not TO be so bound.
Notwithstanding I. X. KreshtoS
testified, that his business was tina
Of a dentist, there Is sufficient ev
: dencc to show that the said I. +
Kreshtool, has also been engaged
other lines Of business at the sam
% time, namely the business of contra'
tor in 1919 and 1920. and, in 1872
the business OF caring for proper
Z which he bought from time to tim
! and sold or rented as he saw fit.
was in the latter line OF bushes
that /. X. Kreshtool was engaged O
! August 25. 1921. and for sometin
= previous thereto. Clearly the mai
. business Of I. X. Kreshtool. is thu
OF dentistry but he was also engage
: in another line. OF which the makir
OF repairs to dwelling houses was
substantial part.
, During the month OF August, 1872
= the following persons were employs
= by !. X. Kreshtool. in the emplo,
10 ment OF making repairs to houses
the City of Wilmington under h
control, viz: Anthony Irons. claimar
IT Charles r. Jester, painter; Charl
10 J. Mcmahon, carpenter; Myer Stei
'e paper hanger. Herbert L. King ar
v Isadore Golden. roofers. (who we
&c partners in business) Arthur Biddl
s. plumber, together with three 9th
s. persons, whose names are unknow
% one OF the said persons being in Il
Ie employ OF Charles F. Jester and a
other two in the employ OF Arthi
Biddle. Contracts were offered al
accepted as evidence. showing tn
70 Charles +. Jester Myer Stein al
q King and Golden were contractors
~ "The nature of the employees
, was such as would not permit of a
a. these persons employed, being e
~ gagged in the same place at the san
~ time. King and Golden both we
u also employed by 1. X. Kreshto
during the month OF August, in ma
ing some repairs to a house {
II stoeckle street. and Biddle was al
ID employed in making repairs In
R. house under the control of /.
e Kreshtool on Lowering avenue
D. September. 1921.
De 1T is the general principle. tn
~ workmen's compensation laws shou
i-be literally construed. so as to effe
tuate the purpose Of the Legislator
in their enactment The term co
strued' presupposes some doubt, o
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