Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1925-09-03
0VERRULE TWO
PETITIONS TO
The LAW COURT


Two rescripts were handed down
by the law court Tuesday, one from
Oxford county and the other from
Androscoggin county.
Oxford Case
The appeal Of the petitioner is
olsmlssed IN the Garbouska case
from Oxford county.
The rescript, which was drawn
by Associate Justice Charles J.
Dunn OF Orono, is as follows.
Appeal from the denial of compen-
sation under the Workmen's Act.
On one day in the December of
1919, while he was at work for the
Oxford Paper Co., in it's Rumford
mill, mortal injury emerged from
his employment to Joseph Garbous-
ka. He accidentally came in con-
tact with an electric current Of high
tension. Mr.. Garbouska died on the
following day. No steps of any kind
were taken to recover COMPENSATION
for nearly five years. Then the ex-
listing petition was filed by Kaz-
miryna Michalouna Garbouska. She
has been always within Russia.
Claim is put forward that she was
the dependent wife of the now dead
employee.
The position Of the petitioners
counsel is, that the political rent of
Russia made it quite impossible for
his client to communicate without
country. sooner than was done, and
therefore that she has a sort of
floating claim within the distinctive
idea of physical incapacity as set
out in section 80 of the compensa-
ton statute, and avoiding the ef-
feet and operation of the date death
period OF two years. inasmuch, as
the petition was filed within two
years Of the removal of the "physi-
cal disability"
The physical incapacity spoken of
in the statute is personal to the en-
ployee; incapacity in the sense of
bodily disability.
This petition, not having been filed
within the fixed limit. is forever
shut out.
Appeal dismissed. Decree below
affirmed
Received Aug. 81, 1925.
Androscoggin Case
The motion of the defendant is
overruled in the Androscoggin coun-
ty case Of Harry Day, administrator
| of Myer Day, VS.. Charles Isaacson.
The rescript which was drawn by
Associate Justice Charles p. Barnes
of Houlton, is as follows.
Plaintiffs intestate died in a hos
pital, at Brunswick. about 1880 in
the afternoon Of July z, 1920.
He was passenger in the auto
| mobile of the defendant on the night
before, riding from Portland toward
Bath, as the guest of the defendant.
The course was over the so called
state highway, and as the car was
about to enter Brunswick village, it
left the macadam, ran for a distance
on the gravelled or earthen margin
of the northerly side of the street,
struck and broke off a cedar tele-
phone pole, said to have been Is or
more inches through at its base,
and thence ran across field or gar
den land, the left end of its forward
axle upon or in the ground blowing
furrow in the sandW soil to a
depth of from siv to IL inches and
pushing "a lot of dirt right ahead
of its radiator" till it stopped at a
point so feet and four inches from
the broken pole.
Myer Day, plaintiffs intestate, an
| unmarried boy about II years and
six months old, was sitting at the
the rear part of the automobile, near
the left door. He was conscious
when raised from the ground. while
in the house nearest the scene of
the accident and for much of the
time until he suffered death at the
hospital, more than IL hours after
the accident.
The automobile was a five passen-
ger Buick car, constructed to carry
two on the front and three on the
rear seat, owned by the defendant
and driven by him on the evening In
questio from Bath to Portlad and
for a part of the return trip.
On the return trip defendant left
Portland. at about 10 o'clock at night,
with Bonnie Savage. then about 26
years Of age, in the right front seat
and a young woman seated between
him and Savage.
On the rear seat were Mrs. Diana
Isaacson, mother of the defendant,
Mrs. Sarah Savage, Bonnie Savage's
mother, and Mrs. Mamie Isaacson,
while Doris Savage, a grown girl and
plaintiffs intestate sat in the laps of