claims, averaged about $1,000; steel workers, $874; railroad laborers, $617; skilled building tradesmen, $348; skilled electric railway employés, $310; unclassified workmen, $311; miscellaneous trades, $292; packinghouse employés, $234; general laborers, $154; mine workers, $155; electric railway laborers, $75; teamsters, none; building laborers, none.

A further summary may be offered. Of every 100 industrial accidents, 15 go to court-7 are lost and 8 are won. Ninety-two injuries out of every one hundred receive no compensation. This includes both fatal and non-fatal accidents.

Another interesting feature is this: A thorough search through the record reveals 53 fatal cases of recent date. In fatal cases the usual defenses of the employer-the fellow-servant doctrine, assumption of the risk, etc.— did not apply or there would not have been a recovery at all.

For these the very pick of industrial cases-the average recovery for death was only $1,877.36. Of this an average amount of $750.95 was paid to attorneys or expended in court fees, etc., leaving an actual payment of $1,126.41 to the family of the dead worker. Thirtyfour widows were compelled to seek employment and 65 children left school to help keep the wolf from the door.

§ 41. Ohio statistics.-The following table shows the results of investigations of the economic effects of industrial accidents on workingmen and their dependents, for the period of 1905-1910, in Cuyahoga county (Cleveland), Ohio, prepared under the direction of the author for the Ohio legislature."

9 See Report of the Employers' Liability Commission of Ohio, Pt. I, pp. XXXV-XLIV.

A settlement was made with the dependents in 36 per cent of all the cases, and in 42 per cent of those in which the decedent left a widow. In practically all of these cases an amicable settlement was made with the representative of the deceased, appointed by the probate court, either out of court in the first instance or after the institution of a suit.

§ 42. Average amount received in settlement in Ohio under old system.-An examination of 285 fatal cases proved that the average amount paid per case was $838.61. In 176 of these cases the decedent left a widow, and the average settlement was $1,056. The exact figures are given in the following table:

TABLE SHOWING AVERAGE AMOUNT RECEIVED IN DEATH

The amount received varied from funeral expenses to $5,000. In the case of the dependents of 109 single

workingmen killed, the average amount received was $485.87.

TABLE SHOWING AVERAGE AMOUNT OF SETTLEMENT OF FATAL CASES WITHIN SPECIFIED LIMITS, AS DISCLOSED BY COURT RECORDS.

$300 to $1,000 ---Common pleas court-

United States circuit court---- 10
Probate court

14

$ 542.85

587.54

83

507.78

$2,000 to $4,000__Common pleas court..

United States circuit court____
Probate court

Total

$4,000 and over--Common pleas court___

United States circuit court___
Probate court

Total

15

Total in common pleas court-- 45

Total in United States circuit

First. That the total amount of compensation received by the dependents of 313 workingmen out of a total number of 370 killed (or 87.86 per cent) of those receiving settlement is $165,905.35, which is only 47.81 per cent of the total amount, $351,200.35, paid to the dependents of the 370 workingmen killed; that the total amount of compensation received by the dependents of 57 of these 370 workingmen killed (or 12.14 per cent of those receiving settlement) is $183,295, which is 52.19 per cent of the total amount paid the dependents of the 370 workers.

Second. That on the average in Ohio, taking the best 15 cases out of the 370 families left dependent by death of the breadwinners, receive on the average $4,991.66. Deducting now (see next section) 25 per cent for attorney fees and $300 for doctors' bills, funeral expenses, and interest due to delays in making settlements (assuming that the largest damages are paid to the earners of the largest wages), we have $3,443.75 as the maximum compensation paid under the present system on an average for each of the best 4 cases out of 100 families left dependent when the head of the family is killed in industrial employment. The obligatory industrial insurance act passed by both houses of the Legislature of Ohio in May, 1911, provides a maximum of $3,400 and a minimum of $1,500, and doctors' bills and hospital expenses not to exceed $200 in all cases.

§ 43. Attorney fees under old system in Ohio.-It was intended to give in the following table an accurate idea of what per cent. of the amount of settlement is retained by the plaintiff's attorney as remuneration for his services. Specific amounts were ascertained in so few cases however that the table as given will be misleading unless taken with a few grains of allowance. The great majority of the cases included in it were settled either out of court or before going to trial. The aver

Court.

age for these cases is shown to be about 24 per cent. and this includes both fatal and non-fatal cases.

The table shows that approximately one-fourth of the amount received was paid out as plaintiffs' attorney fees and as court costs.

TABLE SHOWING ATTORNEY FEES UNDER OLD SYSTEM IN OHIO.

Common pleas

Total amount of attorney's fees.

§ 44. Social and economic results of accidents.—An individual investigation to determine the social and economic conditions of families deprived by industry of their breadwinners was made in 86 cases. The results, as compiled in the following table, show that nearly 56 per cent. of the widows were compelled to go to work, and at an average weekly wage of $5.51. Altogether in these homes there were 178 children, about 70 per cent. of whom were under twelve years; 59 per cent. of the others were forced to go to work. The wretched condition in which some of these families were found can not be depicted by means of tables.

TABLE SHOWING SOCIAL AND ECONOMIC CONDITIONS OF WIDOWS AND CHILDREN.

Per cent.