Workmen's Compensation Act (continued). blow of the hammer, his injury cannot be found to have been one arising out of his employment within the meaning of the workmen's compensation act. Borin's Case, 452.

In the case above described it appeared that at the time of the accident the bottoms of the windows on the other side of the room, which the employee properly might have opened, remained closed, so that the question did not arise as to what the rights of the employee would have been if the prying open of the nailed window had become necessary to obtain more ventilation in order to be able to continue to work in the room. Ibid.

In the same case it was said that the court did not intend to intimate that an employee is not within the statute when, being suddenly called upon to save himself from threatened loss of life or limb or serious bodily harm, he necessarily breaks a rule appertaining to the sphere of his employment and is injured. Ibid.

To entitle an injured employee to compensation under the workmen's compensation act it is not necessary for him to prove the exact cause of his injury if he can show that it arose out of and in the course of his employment. Bean's Case, 558.

Thus, where a workman employed in the park department of a city received a scratch on the back of his hand, which became infected and resulted in blood poisoning from which he died, and it appeared that he had stated that he did not know just how he was hurt, but knew that he was injured in the course of his employment and that the injury resulted from it, it was held that a decision of the Industrial Accident Board awarding compensation to his dependent widow was warranted. Ibid.

Amount of Compensation.

The negligence of a subscriber under the workmen's compensation act in furnishing for the use of its employees an elevator so thoroughly out of repair as to be unsafe and in permitting the use of this elevator when its superintendent considered that it was in a "dangerous condition" was held not to warrant a finding that an employee injured by the falling of this elevator was entitled to a double compensation. Riley's Case, 55. An injury to the right hand of a water boy sixteen years of age, having little knowledge of the English language, resulting in the amputation of the middle finger and stiffness and other impairment of the index and ring fingers, leaving the thumb normal and the little finger in good condition except from disuse, was held under the circumstances not to warrant a finding that the boy was entitled to compensation for "total incapacity" to work within the meaning of the workmen's compensation act. Lacione's Case, 269.

In passing upon a claim under the workmen's compensation act the arbitration committee and the Industrial Accident Board have the right to act upon their own knowledge in determining what amount can be earned by an ordinary day laborer and are under no obligation to receive evidence on the subject before passing on the question. Walsh's Case, 341. Where it appeared that a deceased employee had worked in this country about two months before his injury and had received the pay of $12 a week, and that during the previous five months that he was in this country

Workmen's Compensation Act (continued).

he had been unemployed, a finding by the Industrial Accident Board that "the average weekly wages of the deceased employee were $12" was held on an appeal not to be warranted under St. 1911, c. 751, Part V, § 2. Gorski's Case, 456.

Dependency.

Where an employee left his wife in Poland seven months before his death and stated that he "intended to have her come over later on," a finding by the Industrial Accident Board that the widow was living with her husband at the time of his death and therefore was conclusively presumed to have been wholly dependent upon his earnings for support was not warranted and was set aside on appeal. Gorski's Case, 456.

Nor were the above facts evidence that the wife was living apart from her husband for a justifiable cause within the meaning of the act. Ibid. Therefore in such a case the question of the dependency of the widow was to "be determined in accordance with the fact." Ibid.

In the present case, no investigation of this matter having been made either by the arbitration committee or by the Industrial Accident Board, it was said that in this respect there had been a mistrial. Ibid.

Subsequent Insanity.

If an injured employee to whom an award of compensation has been made under the workmen's compensation act subsequently becomes insane, his insanity does not put an end to his right to compensation. Walsh's Case, 341.

WRONGDOER WITHOUT REMEDY.

One of the stockholders in a corporation which has been conducting with profit a monopolistic business in violation of St. 1908, c. 454, cannot maintain a bill in equity in which he alleges that profits from the business have been distributed to other stockholders and not to him and seeks to compel an accounting and a distribution to him of his share of the profits in the way of dividends, because the court will not lend its assistance to the promotion of an unlawful adventure. Duane v. Merchants Legal Stamp Co. 466.

The mere fact, that a prayer in such bill is that the corporation be restrained from continuing to manage its affairs and from conducting its business in violation of the statute, does not amount to a renunciation of an illegal executory contract such as would purge the plaintiff of his share in the illegality, because he already has shared in the illegality and the profits which he seeks to share were the result in part of his so sharing. Ibid.