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you what to do.” Obviously, this put a into, and exposing to the eye of that confresh complexion on the matter. What science, the real and remediable errors of chance was there now of negotiating a prejudice and jealousy and selfishness that peace? He had put himself beyond help. jaundice the disposition of the complainant.
The real burden of this essay is to pass They can do more of these sorts of the responsibility for the existence of the things and do them better. Make no misdivorce evil back to the parties to the take, however. They are already laboring litigation. So far as the services of a rep- in this field. And all that they can do will utable lawyer are engaged, it is to assuage never go very far to bring about a state of this social sore. Admittedly there are shy- blessedness for everybody, without more. sters, there are men who bid for this busi- Marriage must be a more serious obliness, foster it and encourage it. But no re- gation in its inception before the divorce spectable lawyer abets these disagreements. evil is cured. Children must learn to keep Sometimes such a lawyer may, in the inter- their vows and to face life bravely and to est of public morals, sign his name to a do their part regardless of the derelictions flimsy bill. He sees beyond the formal aver- of others, before we advance very far. ments. Sometimes a judge may grant a de- This brings us back to the schools and the cree in an ex parte case that he would not churches and the home. To these three suffer in a disputed matter. In divorce institutions we must look for regeneration. cases, there are parties not of record to be
GEORGE PALMER GARRETT. thought of children, the State. Be it re- Kissimmee, Fla. membered that, to an astonishingly large section of the public, divorce is a luxury. Such people—negroes are especially fallible
MASTER AND SERVANT-INJURY BY COin this regard--will accomplish their ends
EMPLOYEE. anyhow. They are unmoral. That they come asking for a divorce bespeaks at least
HINCHUK v. SWIFT & CO. aspirations toward morality.
Supreme Court of Minnesota. April 22, 1921. Reverting now to the citation given at the begining of this article. The woman in
182 N. W. 622. question may have been right in this, that the lawyer she employed did not search An employee injured during the course of his
employment, though by the willful act of a coout the truth with sufficient rigor. One employee, is within the Compensation Act (Gen.
St. 1913, 98 8203, 8230), if there is some causal thing, however, is sure. No lawyer drew a relation between the employment and the in
jury, that is if the injury be one which may bill for her, no judge granted a decree for be seen to have had its origin in the nature of
the employment. An injury inflicted by a coher, on the facts as she told them to her
employee as a result of a quarrel over the man
ner of doing their work is within the rule. confidant. She had to perjure herself to get her freedom, and it is safe to say that
HALLAM, J. This case arises under the she did not trust her lawyer with the truth. Workmen's Compensation Act. Alex Bush was So the sin and the obloquy are wholly hers.
in the employ of defendant at its packing plant Can lawyers do more than they are doing
at South Saint Paul. He and a workman
named Harper were engaged in trucking meat to abate the nuisance? They can.
to a washing machine. When the truck can make of the proceedings for divorce a reached the machine it was unloaded piece by much more “real” process. They can avoid piece. Two men worked together on a truck. the appearence of casualness or formality. One would pull and the other would push and
the fair way was to take turns. They can name and maintain fees sufficient
Harper quarreled over the moving of the to deter splenetic excursions into such
truck, each claimed he was being compelled litigation. They can test more thoroughly to do more than his share. The testimony is the conscience of their client by examining somewhat in conflict, but one witness testi
fied that they quarreled over who should push ! rel ensued and in physical encounter that grew and who should pull the truck. Finally Bush out of it, claimant was injured. Held, entitled took the handles and pulled and Harper to compensation. pushed. When they reached the washing ma- In Polar Ice & Fuel Co. v. Mulray (Ind. chine they quarreled some more, each calling App.); 119 N. E. 149, an employee of an ice the other names. When they finished the ar
company, employed to check and collect for gument Bush started to work unloading meat,
shortage of drivers, was shot and killed by a but Harper walked 12 or 15 steps away, picked driver as a result of a quarrel over collections. up a piece of iron pipe that lay there and
Compensation was allowed. struck Bush over the head and caused his
In Western Indemnity Co. v. Pillsbury, 170 death. The trial court allowed compensation
Cal. 686, 151 Pac. 398, a worker on a railroad under the statute.
section was told by the foreman to drop his The statute is that compensation shall be shovel and get his time, but the man refused paid by the employer, “in every case of per
and the foreman undertook to take his shovel sonal injury or death of his employee, caused
from him and was injured. Compensation was by accident, arising out of and in the course
allowed. of his employment." G. S. 1913, $ 8203. The
In McIntyre v. A. Rodgers & Co., 41 Scottish word “accident" is defined to mean "an un
Law Reporter, 107, two workmen engaged in expected or unforeseen event, happening sud
a tussle over the possession of a brush to be denly and violently, with or without human
used in the work and one was injured. The fault and producing at the time, injury to the
statute was held to apply. physical structure of the body." G. S. 1913,
The principle applicable to such cases is § 8230 (h). The act is declared not to “in
that the injury is included within the statute clude an injury caused by *** a third per
if there is some causal relation between the son or fellow employee *** because of reasons
employment and the injury. Not that the inpersonal to him, and not directed against him
jury must be one which ought to have been forean employee, or because of his employ
seen, but it must be one which, after the ment." G. S. 1913, § 8230 (i).
event, may be seen to have had its origin in Section 8230 (h) gives us no trouble. Sec
the nature of the employment. tion 8203 and section 8230 (i) taken together
This is such a case. Bush and Harper be. may clearly include an injury inflicted by the
came involved in a quarrel over the manner willful act of another. See State ex rel. An
of doing the work in which they were jointly seth v. District Court, 134 Minn. 16, 158 N.
engaged. There was no personal antipathy. W. 713, L. R. A. 1916F, 957; State ex rel. John
Differences over the work caused the whole son Sash & Door Co. V. District Court, 140
trouble. The trial court evidently took the Minn. 75, 167 N. W. 283, L. R. A. 1918 E, 502. view that there was no real cessation of hosThis is the prevailing construction of similar tilities from the time trouble started until it statutes as applied to cases similar to this.
over, We think the evidence sustains In Pekin Cooperage Co. v. Industrial Com- this position and that the court properly held mission, 285 Ill. 31, 120 N. E. 530, two em
the case to be within the statute. ployees in culling barrel staves became in- Affirmed. volved in a dispute because one took staves from the rack of the other. One injured the NOTE--Injury by Willful Act of Co-Employee other. Compensation was allowed.
as Compensable ---An injury resulting from an
assault by a workman upon a fellow workman In Swift & Co. v. Industrial Commission,
while the latter is engaged in the work of the 287 III. 564, 122 N. E. 796, an employee whose employer is an accidental personal injury arisduty it was to repair leaks in steam pipes in ing out of and in the course of the employment. a large packing plant was injured in a fight
Stasmas v. State Industrial Com'n, Okla., 195
Pac, 762. with the foreman of a department to which
The above rule is not applicable, however, he had been summoned, the altercation grow
where the injured workman provoked the asing out of matters connected with the injured sault. Thus, where a factory oiler, upon being employee's work. The statute was held to ap- told that he was using too much oil, called his ply.
foreman a liar, and the foreman struck him, it
was held that the oiler was neither injured in In Matter of Heitz v. Ruppert, 218 N. Y. 148, nor by his employment, and hence was not en112 N. E. 750, L. R. A. 1917A, 344, claimant, titled to compensation. Knocks v. Metal Packemployed as a driver by a brewing company
age Corp., 185 N. Y. Supp. 309. took exception to the manner in which a fel
Where an employee engaged in unloading a
freight car refused to get a drink for a negro low workman washed off the horses. A quar
workman when he was getting one for himself,
and the negro threatened to knock him in the head if he climbed on the car, which threat was carried out to the fatal injury of the employee, it was held that the injury did not have its origin in the employment, and that compensation
recoverable. Chicago Industrial Com'n, Ill.. 127 N. E. 49.
Where a miner was killed by a car driver, both employes of the same employer, in a quarrel about the non-delivery to him the night before of an empty truck, he being the aggressor, it was held that his death was not the result of an accident “arising in the course of the employment,” and that there was no causal connection between the employment and the killing. Marion County Coal Co. v. Industrial Com'n, Ill., 127 V. E. 84.
An employee while engaged at his work was struck in the eye by an apple thrown by a fellow servant in horseplay. Held, that the injury was one arising out of and in the course of his employment. Leonbruno v. Champlain Silk Mills, V. Y., 128 N. E. 711.
Where an employee was killed by a fellow workman in a fight provoked by deceased and another, his injury did not arise out of the employment. Romerez y. Swift & Co., Kan., 189 Pac. 923.
An abattoir worker was struck by a piece of flesh, resented the assault, and struck another employee with the flesh, believing him to be the assailant, and the latter in turn kicked the claimant. Held, that claimant's injury arose out of and in the course of his employment. Verschleiser vi Joseph Stern Son, N. Y., 128 N. E. 126.
BUSINESS PROGRAM OF THE ASSOCIATION. Wednesday Morning, August 31, at 10 O'clock.
Ball Room (Main Floor) Hotel Sinton. Addresses of welcome on behalf of Ohio State Bar Association: Harry J. Davis, Governor of Ohio, and John Galvin, Mayor of Cincinnati.
Address by Sir John Simon, of London, Eng. land, former Attorney General and Secretary of State for Home Affairs.
State delegations will meet in the Ball Room (Main Floor) Hotel Sinton at the CLOSE of this session to nominate members of the General Council, and to select nominees for Vice-President and Local Council for each State. Wednesday Afternoon, August 31, 2:00 O'clock.
Ball Room (Main Floor) Hotel Sinton. 2:00 p. m. Annual Business Meeting of Ohio State Bar Association.
4:00 p. m. Joint Session of American Bar Association and Ohio State Bar Association, Address by Harry M. Daugherty, Attorney-General of the United States. Wednesday Evening, August 31, at 8:00 O'clock
Convention Hall, Hotel Gibson. Address: “Our Brethren Overseas," John W. Davis, of New York, former Ambassador to Great Britain.
Presentation of Memorial Minute upon the late Chief Justice of the United States,
Election of the General Council.
9:30 p. m. Reception in the Ball Room (Main Floor) Hotel Sinton. Thursday Morning, September 1, at 10 O'clock.
Ball Room (Main Floor) Hotel Sinton. Reports of Sections and Committees. The names of Chairmen are given below.
The consideration of the Reports will begin promptly at 10:05 o'clock.
SECTIONS. 10:05 a. m. Comparative Law. Robert P. Shick.
10:10 a. m. Judicial Section. Charles A. Woods.
10:20 a. m. Legal Education. Elihu Root.
10:30 a. m. Patent. Trade Mark and Copyright Law. A, C. Paul.
10:40 a. m. Public Utility Law. Bentley W. Warren,
10:50 a. m. National Conference of Commissioners on Uniform State Laws. Henry Stockbridge.
11:00 a. m. Conference of Bar Association Delegation, Stiles W. Burr.
ITEMS OF PROFESSIONAL
PROGRAM OF THE MEETING OF THE
AMERICAN BAR ASSOCIATION.
The annual meeting of the American Bar Association will be held in Cincinnati, Ohio, Aug 30, 1921, to Sept. 2, 1921.
All meetings of the Association except on Wednesday evening will be held in the ball room at the Hotel Sinton. The Wednesday evening meeting will be held in Convention Hall, Hotel Gibson.
The Executive Committee will meet on Tuesday, August 30, at 8:30 p. m., in Parlor F (Mezzanine Floor), Hotel Sinton.
The General Council will meet in the Parlor F (Mezzanine Floor), Hotel Sinton. The first meeting of the General Council will be held on Wednesday, August 31, at 9:00 a. m.
The offices of the Secretary and Treasurer will be located in the Hotel Sinton Tea Room (Main Floor), and will open for registration of members and delegates and for the sale of dinner tickets on Monday morning, August 29, at 10:00 o'clock.
Friday Evening, September 2. 11:10 a. m. Professional Ethics and Griev. | Annual Dinner at 7:00 p. m. Dinner to Laances. Edward A. Harriman.
dies at 7:00 p. m. 11:20 a. m. Commerce, Trade and Commer
Saturday, September 3. cial Law. Francis B. James.
All day Excursion to Dayton, Ohio. 11:40 a. m. International Law. Charles No. ble Gregory.
Hotel Accommodations. 11:50 a, m. Insurance Law. Arthur I. Vorys. (All hotels European plan, except as stated.
Prices named are per day.) 12:00 m. Publicity. Martin Conboy. 12:10 p. m. Memorials W. Thomas Kemp.
Hotel Gibson, 4th and Walnut, single room 12:15 p. m. Jurisprudence and Law Reform.
and bath, $2.50 up; double room and bath, $4.25 Everett P. Wheeler.
up. 1:00. p. m. Adjournment.
Hotel Sinton, 4th and Vine, single room and 2:30 p. m. Excursion (to be announced later). bath, $3.50 up; double room and bath, $5.50 up.
Havlin Hotel, Vine & Opera Pl., single room Thursday Evening, September 1, at 8 O'clock.
and bath, $3.00 up; double room and bath, $5.00 Ball Room (Main Floor) Hotel Sinton.
up. Address: "Without a Friend," Charles S.
Hotel Metropole, 6th and Walnut, single Thomas, of Colorado, former United States
room and bath, $2.50 up; double room and Senator.
bath, $4.50 up. Reports of Committees. The names of Chair
Grand Hotel, 4th and Central, single room men are given below.
and bath, $2.50 up; double room and bath, 9:15 P. m. Admiralty and Maritime Law.
$4.00 up. Robert M. Hughes.
Palace Hotel, 6th and Vine, single room and 9:25 p. m. Noteworthy Changes in Statute
bath, $2.00 up; double room and bath, $3.00 up. Law. Thomas I. Parkinson,
Emery Hotel, 421 Vine, single room and 9:35 p. m. Drafting of Legislation. William
bath, $2.50; double room and bath, $4.50. Draper Lewis.
Hotel Alms, McMillan and Alms Pl., (Amer9:40 p. m. Uniform Judicial Procedure.
ican plan), single room and bath, $4.00; douThomas Wall Shelton.
ble room and bath, $7.00. 9:50 p. m. Adjournment.
Mr. Ben B. Nelson, Fourth National Bank Friday Morning, September 2, at 10 O'clock.
Building, Cincinnati, Ohio, has charge of resBall Room (Main Floor) Hotel Sinton. ervations for members and guests. In writing A Symposium on the general subject, “The to Mr. Nelson please state: Administration of Criminal Justice," under a. Preference of hotels; b. time of arrival; three sub-topics, as follows:
c. period for which rooms are desired; d. 10:05 a. m. “Unenforceable Law," by Ray- whether single or double room desired; e. how mond B. Fosdick, of New York.
many persons will occupy each room. 10:30 a. m. "The Illegal Enforcement of Members who wish to do so are at liberty to Criminal Law," by Luther Z. Rosser, of Georgia. make direct arrangements with hotel preferred.
10:55 a. m. “The Adjustment of Penalties,” Make your reservations early. Notify Mr. by Marcus A. Kavanaugh, of Illinois.
Nelson promptly of any cancellations. 11:25 a. m. General Discussion by Associa.
Railroad Fare. tion.
Arrangements have been made with the rail12:45 p. m. Nomination and Election of Of
roads whereby members of the American Bar ficers. Adjournment at 1:00 o'clock.
Association and dependent members of their Friday Afternoon, September 2, at 2:30 O'clock,
families who attend the annual meeting will Reports of Committees. The names of Chair
have the benefit of a fare and one-half. They men are given below.
will pay full fare going to Cincinnati, and, up 2:35 p. m. Membership. Frederick E. Wad
on purchasing railroad ticket, will ask for a hams.
certificate, which will be vised by the Secre2:45 p. m. Change of Date of Presidential
tary at Cincinnati, thus entitling the holder Inauguration, William L. Putnam. 3:00 p. m. Classification and Restatement of to half fare on the return trip. Further details
of the plan are given in the following state. Law. James D. Andrews. 3:15 p. m. Legal Aid Work. Reginald Heber
ment furnished by an official of the Central Smith,
Passenger Association. The dates for ticket 3:30 p. m. Aviation. Charles A. Boston. sales will, of course, vary in the different PasMiscellaneous Business. Adjournment sine die. senger Association territories:
The following directions are submitted for your guidance:
1. Tickets at the regular one-way tariff fare for the going journey may be obtained on any of the following dates (but not on any other date): Aug. 23-24 and Aug. 27-Sept. 2, 1921. Be sure that, when purchasing your going ticket, you request a CERTIFICATE. Do not make the mistake of asking for a "receipt.”
2. Present yourself at the railroad station for ticket and certificate at least thirty minutes before departure of train on which you will begin your journey.
3. Certificates are not kept at all stations. If you inquire at your home station, you can ascertain whether certificates and through tickets can be obtained to place of meeting. If not obtainable at your home station, the agent will inform you at what station they can be obtained. You can in such case purchase a local ticket to the station which has certificates in stock, where you can purchase a through ticket and at the same time ask for and obtain a certificate to the place of meeting.
4. Immediately upon your arrival at the meeting present your certificate to the endorsing officer, Mr. W. Thomas Kemp, as the reduced fare for the return journey will not apply unless you are properly identified as provided for by the certificate. COMMISSIONERS ON UNIFORM STATE
LAWS. Program of Thirty-First Annual Conference, at
Cincinnati. The thirty-first annual meeting of the National Conference of Commissioners on Uniform State Laws will be held in Cincinnati, Ohio, August 24 to 30, 1921, at the Hotel Gibson (Convention Hall), just preceding the meeting of the American Bar Association. Following is the TENTATIVE PROGRAM:
Wednesday, August 24. 10:00 a. m. Meeting of the Executive Committee.
2:00 p. m. FIRST SESSION,
Scope and Program Committee.
Thursday, August 25. 9:30 a. m. THIRD SESSION.
Consideration of Eighth Tentative Draft of a Uniform Incorporation Act.
2:00 p. m. FOURTH SESSION.
Consideration of Eighth Tentative Draft of a Uniform Incorporation Act.
8:00 p. m. FIFTH SESSION.
Consideration of Eighth Draft of a Uniform Incorporation Act.
Report of Commercial Law Committee on amendments to the Warehouse Receipts and Bills of Lading Acts.
Report of Commercial Law Committee on a Blue Sky Law.
Friday, August 26. 9:30 a. m. SLXTH SESSION.
Consideration of First Tentative Draft of a Uniform Fiduciaries Act.
2:00 p. m. SEVENTH SESSION,
Consideration of First Tentative Draft of a Uniform Fiduciaries Act.
8:00 p. m. EIGHTII SESSION.
Consideration of First Tentative Draft of an Act relating to the Status and Protection of Illegitimate Children.
Saturday, August 27. 9:30 a. m. NINTH SESSION.
Consideration of Second Tentative Draft of a Uniform Declaratory Judgments Act.
2:00 p. m. TENTH SESSION,