Workmen's Compensation Acts in the United States: the Legal Phase

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Vol. 1, No. 6, p. 12.
«• Bryant v. Fissell, 84 N. J. Law, 72.
i» Fenton v. Thornley 6- Co. (1903), A. C. 443.
"• In re Madden, 222 Mass., 487.- 12' In re Burns, 218 Mass., 8.
™ Industrial Com. v. Brown, 92 Ohio State, 309.
"» Adams v. Acme White Lead &■ Color Works, 182 Mich., 157.
"» Miller v. Am. Steel &■ Wire Co., 90 Conn., 349.
Ki 1 Cal. I. A. C. Dec, No. 5, p. 11.
W2 Opinion Special Counsel to Iowa Industrial Com. (1915) , page 26.
43 THE MASSACHU- reaching the same conclusion with respect
... to the same language. The Massachu- setts Supreme Court holds to the con- trary, including lead poisoning as personal injury,"' and the Wisconsin Court holds typhoid fever WISCONSIN contracted from drinking water supplied by theemployer tobea'personal injury.""* It appears to be generally accepted that injuries are to be com- pensated irrespective of pre-existing tendencies or the sub- normal condition of the injured workman,"* provided that the immediate injury, whether accelerating or exaggerating the pre- existing condition, proximately arises from the employment."' It is not necessary that the injury CAUSES OF ACCI- should arise from an extraneous cause."' "^^^ It may be caused by nervous shock with- out external physical change."' It may result from the wilful or even criminal act of another, as where a watchman is wounded while defending his employer's property,"' or a foreman is assaulted because of the adminis- tration of a reprimand for doing work improperly,"" or a mill superintendent murdered by an ejected person.

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