Evening star., 1939-11-13

Is Affirmed
Case Involves Insurance
Collector Fatally Beaten
While Off Duty
If mans employment exposes
him to special risk of attack not
only during working hours, but dur
ing certain off hours also, it is as
socially desirable that the industry
carry the off-hour risk as that it
carry the working hour risk, for
both alike are hazards of the in
dustry.
The United States Court of Ap-
peals so held today in sustaining
the finding of Frank A. Cardillo,
deputy commissioner of the United
States Employees Compensation Com
mission, awarding compensation to
the widow of an insurance man who
was abducted, robbed and murdered
after he had been recognized as an
insurance man through special
book" he was carrying.
Representing the commission were
United States Attorney David A.
Pine and Assistant United States
Attorney William S. Tarver, as we'll
as the commissions chief counsel,
z. Lewis Dalby, and his assistant,
Charles T. Branham. Representing
Mrs. Mary Nahum, widow of James
Nahum, the deceased employe, was
Attorney William T. Hannah.
No Fixed Working Hours.
The opinion was written by Asso-
ciate Justice Henry w. Edgerton,
who, with Associate Justices Justin
Miller and Wiley Rutledge, heard
the case. Justice Edgerton recalled
that Mr.. Nahum was employed by
an insurance company, that he had
no fixed hours of work, that he was
required to make collections of in
dustrial and other insurance pre-
miums, and that on the evening of
January 20, 1887, he was picked up
at street corner by party of three
men and woman, who had stopped
beside him for a traffic light. One
of the members of the party, accord
ing to the opinion, felt that the
other men would rob Mr.. Nahum;
was so sure of this that he left the
party and went home, and that about
2 o'clock on the following morning,
Mr.. Nahum was found lying dazed
by roadside, brutally beaten, and
that he received injuries from which
he died February 6. One of the men
in the car pleaded guilty to second
degree murder and another to man.
slaughter, Justice Edgerton recalled.
Casualty Firm Sues.
The Maryland Casualty Co. sued
In District Court as the insurance
carrier to enjoin enforcement of
the award made by Mr.. Cardillo,
but that tribunal dismissed the bill
and the firm appealed. The COM
pany contended there was no proof
that Mr.. Najjum's wounds caused
his death. Answering this, the ap-
pellate court said: I'VE need not
consider whether the evidence ac-
tually introduced would have been
sufficient if the connection between
wounds and death had been ques-
toned at the compensation hear
ing. 1t is now too late to ques-
ton it.
The company denied that the evi-
dence supported any of the find
ings of the deputy commissioner
who had ruled that the criminal
risk or hazard to which Mr.. Nahum
was subjected was peculiar to and
increased by his employment as an
insurance collector; that the assault
and robbery were. directed against
him because of the said employment,
that the injury and death arose out
of and in the course of the en-
ployment."
The Court of Appeals said the
deputy commissioners findings were
all supported by the evidence.
Kicklighter Award Upheld.
In another case, the United States
Court of Appeals upheld a compen-
sation finding in favor Of Raymond
w. Kicklighter, employe Of the Poto-
mac Electric Power Co., who was
struck on the head by the metal
end Of an air hose on May "a, 1885.
In the spring of 1887, Mr.. Kick
lighter was informed by a psychi-
artist that he was suffering from
a progressive disease of the brain
caused by the accident" today's
opinion recalled.
Inasmuch as Deputy Commission-
er Cardillo made an award in favor
of the worker, the Appeals Court
said that the actual finding is con-
elusive and that the weight of the
evidence is for the deputy commits
sioner and not for the courts" The
tribunal held that Mr.. Kicklighters S
claim was timely.
Representing Mr.. Cardillo were
Mr.. Pines, Mr.. Tarver and Mr.
Branham, while Attorney S. Pres
ton Smith represented Mr.. Kick
lighter. The company had sued in
District Court to enjoin enforcement
Of the award and appealed from
| . decree dismissing its bill.
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