Norwich Bulletin Newspaper, July 23, 1915, Page 8

BRAEMN’S !flASE BEGEED mem Wiflnm B.m.. Undn State.Act:Instead of Federal Liability Law—Sets Aside for Employe of Lumber Firm, L i L et f t in accordance with the terms | Providence, claimant, against the New | Mo said act. As the question of compen- | York, New Haven and Hertford Rall- | sation is entitely one of contract, and as this settlement is not in ‘with the terms of the contract, it would isloner, has rendered not be a valid release. Rearing before him upon the question ‘The authorities cited by the attorney ‘whether or not this was a case which | g5 the respondent would afford con- came under the federal u?moyus' lia- | sigerable support if this were an action {t’l.}nv m'z_t or the workmen’s COmupensa~ | in tort, but it seems that the re!aliux; n ac between these two parties was one of He finds that Mr. Miller, Who WaS| contract, and the recovery is not de- & freight brakeman, came under the|pendent upon the fault of the employ- provisions of the workmen's compen-|er put on the terms of the contract o ethemint or $100 wwhich Bad. been | o0, dng & settlement for $4f cluding his fing the com- :{:eed to on M;J;chh %, 1915, b&‘:flifll: mlsa!:::r uw!g company an e brakeman, is no last week the supreme court of in accordance with the act. Nev:lyYork state handed down a de- cision holding that employes of all in- Pl b2 e o terstate railroads tlnd b:iu ungo:;«:d M1l oeks Perma- | by railroads operating within the e nent loss of hearing in one ear at the | some under the provisions of the com- rate of $10 weekly, amounting to $520, | pensation law. Disposing of the claim also compensation for total disability|that the law was meant to apply to from tne 15th day following date of | intrastate commerce, it was held that injury to date of the hearing, that is,|if such was the intention of the law from Dec. 8, 1914F to July 2, 1915, at|it would have said so plainly. The $10 weekly, amounting to $295.72. These | opinions were rendered on appeals by sums for $520 for specific injury and D iisial, $905.72 for total disability, . toether | of refinense any. ste od the Eomasin e Tk lucte: e eaving | made by the workmen's compensation 341572 to be paid forthwith in @ lump | Commisston of the state of New York. sum. The railroad company fur-| Up to the present time the states of thermore to pay for medical, B\mfi-‘ ‘New York, New Jersey and Connecti- mnd hospital services in the 30 days|cut have acted in harmony upon this after the injury, and pay to Mitchell | particular question, all of which shows Weekly $10 during the remainder of | that the federal employers’ liability act total disability beginning on July 8,|is an act passed for the purpose of 1815. This is subject to revision in{taking care of a certain class of in- case the claimant recovers sufficiently | juries, and is in no sense a compensa- to return to work and his disability {on law, and that it does not operate 2an be shown to hawe decreased. to invalidate a contract made under Miller +was injured while at bis|the workmen's compensation law. work as a freight brakeman on Nov. It seems to me that the settlement 24, 1914, at Midway. 'While attempt- | of this case should be under the work- ing to leave the top of the train, the |men’s compensation act and based on brake staff to which he was holding |the original contract of employment gave way and he was thrown to the | maje between employer and employe, His injuries resulted in the|and that any settlement should be ollowing incapacities: Bruised head, | strictly in accordance with the terms beck, shoulders and hips, and cut on |of said act. side of head which was black and blue o about two weeks. Miller has had Award in Landry Case. hemorrhages from the bowels at inter- | Commissioner Donohue has also vals of three or four times a week made his award and finding in the case mince the injury. He is totally deaf|of Joseph Landry, R. F. D. No. 6, \'or~ In the right ear and partially deaf in|wich, claimant, and H. F. the left ear as a result of the injury.| Dawley, respondents. He orders that He has suffered severe painsg in the |[the respondemt pay to the claimant back, abdomen, hips and shoulders. compensation at the rate of $5 per Mr: Miller had been employed for|week from June 23, 1915, to July 19, sbout 20 years by the road. His at-|1916 (date of hearing), both dates torney at the hearing was Arthur M. |inclusive, amounti: to $12.29, for wn. three and six-sevenths weeks, compen- In his memorandum of decision Com- | sation to be continued at same rate and missioner Donchue states that physi- | on same basis during total disability clans’ affidavits were presented_ that|from July 19, 1915, this award being My, Miller was permanently injured |subject to future modification. and unfit to follow his vocation as a The finding states the case as fol- treinman and that his deafness is per- | lows: manent and i not amenable to treat- On June 23. 1914, while in the em- ment, being due probably to interfer- |ploy of the respondent, claimant re- ence with the auditory nerve by frac- | ceived an injury caused by his hand ture through the base of the skull at | being caught when some timbers which the time of the accident. In Septem- | he was handling fell out of the hooks, ber, 1914 Mr. Miller had passed a|same injury consisting of three broken hysical examination as “all righi bones in the palm of his left hand. Said was less than two months before | injury arose out of and in the course the date of the injury. of his employvment. The attorney for the respondent sub- [ It was agreed that the average ted a very elaborate brief in which | weekly wages of the claimant were @ reiterates most of the facts agreed ; $7.95. upon at the hearing, and cites various On the 18th of July, 1815, employer muthorities in behalf of his company, |and employe enter into a voluntary makes the claim thai Miller, hav- | agreement whereby employer was to ‘been injured while engaged in in- | pay to employe $5 weekly during in- terstate commerce and injured through | capacity, commencing July 8, 1914, the negligence of the company, the |medical, surgical and hospital expense, plaimant’s rights and the company’s|etc. tgbility are determined by the federal| Weekly payments on above basis saployers’ liability act and that|have been made up to June 23, 1915 Miller was paid $400 by the railroad, [ (50 weeks at $5 per week), at which at which time he executed a release, | time payments had been stopped be- all of which is true, but if the parties|causc the insurer of the respondent are amenrable to the workmen’s com- | considered at that time that claimant pepsation law of the state of Connecti- | was able to work. cdt, it seems to me, says Commissio: In the testimony the claimant stated | THE GEO. W. KIES CO. Special Prices During Clean-up Sale One Lot MEN'S HIGH GRADE RUSSIA CALE BLUCHER OXFORDS, regular-$5.00 grade— CLEAN-UP PRICE .. c.zovvee. « $2.95 One Lot MEN'S HIGH GRADE RUSSIA AND GUN . METAL CALF OXFORDS WITH RUBBER SOLES, regular $3.50 and $4.00 grade— CLEAN-UP PRICE R R S SIS S 52-45 One Lot MEN’S WHITE BUCKSKIN LACE SHOES WITH RUBBER SOLES, Sizes-5.f0 9— CLEAN-UP PRICE ... ..wnw... $2.95 One Lot MEN’S WHITE CANVAS-OXFORDS WITH RUBBER SOLES AND BROWN CANVAS WITH LEATHERTRIM: ANDeSOLES— One Lot LADIES” HIGH GRADE RUSSIA AND-GUN METAL CALE‘PUMPS WITH WHITE.RUB- BER .SOLES,Good Assortment—a. CLEAN-UP'PRICE . gourrn o cce5$1.95 One Lot LADIES” HIGH GRADE PATENT LEATHER COLONIAL PUMPS WITH SAND COLOR 4. CLOTH TOPS, B, Ciand DfWide— . = = . CLEAN-UP 1 it T ._$1"95~ b 5 #%6 case of ‘William™ B.-Miller -of | er Donohue, that this was not a .ettl:; oz | which they believed the claimant would | PATENT TURNSTILES $250 and $3.00. Reduction in Prices OF Dependable Silk Hose OF MORE THAN USUAL GOODNESS The new foot wear demands that a greater care be given in the selection of the Hosiery, and to meet that demand we have gathered a notable collection of dependable Silk Hose and:handsome lisles in black, white and all the newer shades of the most desir- able colors. VISIT THE HOSIERY DEPARTMENT AND BE CONVINCED THAT WE OFFER : THE BEST HOSE FOR THE LEAST MONEY Two Unusual Values DAINTY COLORED HOSE FOR LESS MONEY For those who find the prices of the finer All-Silk Hose rather high we have succeeded in finding two special values which we can recom- mend. SILK-BOOT HOSE 50c Absolutely the finest half-dolfar Hose we have been able to offer you. Style, quality, finish and color, all are most attractive. Made with deep silk boot, deep lisle gar- tor top and lisle sole. We have all colors, black and white. Only 50c | MICHELIN TIRES Effective July 19th One Quality Only—The Best “AS USUAL" Get Reduced Prices From g A. C. Swan-Company “MCCALLUM” Silk Hose for Women McCallum is a name to conjure with. It means silk foot wear of qual- ity and style at prices which are worth while. You get your money’s that he was willing to go to work if | ting away they were caught by Mr.[J " the respondent would Eive him work, | Gardiner and made to understang that | Worth when your hese bears the name of “McCallum.” they wer t ted : ;ngt:;vsxg:;fi; e‘;—ififi&a‘.’lfi ‘t'};g{ y werd Do Rented Un the TEUpeity: PLAIN BLACK SILK HOSE of this famous make at $1.00, $1.50, $2.00, FIBRE-SILK HOSE 25¢ Has all the appearance of the real 8ilk Hose and will give you much more than twenty-five cents worth of satisfaction. The boot part s made of a very handsome fibre silk and the top of good cotton. Your choice of all the new color- ings and both black and white. be able to do at the respondent’s place of business 1 given an opportunity. __FOR COUNTY FAIR e suggestion of the commissioner | Fj % Cabk i that the respondent should endeavor| o °f the fi"'" . ]’:”""’ Wackinte to find some work for the claimant to o 35 do at. cnoet. wh‘;’: = wot\ixég' b;;bl;ntg The first of the coin controlled turn- FANCY SILK HOSE, including Clocked, Lace and Embroidered, for the approval of both parties, and it | joicg,n2%,Deen recelved by the New $250, $2.75 and $3.00. was arranged that same should be|l©ondon County Agricultural society done that the claimant might be given | 234 is set up in the office of the di- McCALLUM MEANS BEST VALUE an opportunity to determine his ca- | CCtOrS on Main street where it is re- pacity for work and to improve the|CSiVing considerable favorable com- condition of his injured hand by mak- | M0t from all the members and their ing more use of the same. It was fur- | 1iends Who have eeen it. As the ma- ther suggested that at a later date a | ShID® Will Aoy “’nm"“m S Opeaion / . i oL S . WS itmtflam thgc stile ob: E‘:M;fi:g : o partial disability basis. side: ‘he will uhmmhll: oolni. a half 3 ' P— or quarter, whichever is neces- 0 FOR IMPROVING CHANNEL sary, upon the top of the pedestal and WHITE SILK HOSE at $1.00, $1.50 and $2.00. COLORED SILK HOSE in all the desirable shades for $1.00, $1.50 and OF MYSTIC RIVER [the attendant wwill slide it, after ex- — amination, into the slot. This unlocks Hearing Was Held Before Mayor G. B.|the mechanism and then the attend- Pillsbury. ant will press the brass kmob which will turn the stile around and permit A public hearing for those interest- | ONe person to enter then locking au- e;i in the h;lplruvement of the Mystic ‘°g:g~:‘w1y fi“‘hhfign sk river was held in the office of the pressi, o ‘withou ergarten t the Harbo: United States engineers in the federal | dePositing of the coin will not unlock :‘c:éf,’fl in New I:f;fi::.r Lo sodileres NORWICH TOWN building at New London at 2.30 Wed- | the machine and the stile cannot be | . " “Wednesday forenoon when Essr«; % :;gge;jxmn. Maj. G. B. Pills- Wm"‘ :nm '-:°q°'-‘"fl' h;lfldwi";:“lg a purse she carried in a handbag was Bd(l;!“Suun Hyde, Mrs. la;l; Hyde L e nartee dropped in the street in New London. | an ss Mary Hyde spent ursday Miss Marth: spending twy On calling the meeting to order Maj. grfllf dollar is %z;‘&““‘dlm'" it ‘"g The bag became unclasped and allow- | with friends at Fisher's Island. weeks’ \mu:nB:(t"v.nhe“buch. i’lfiézfiyg re;fietosthe few prresin; u;: mi'lpn‘h"ot un-'fb vl 9;&: ’”"Then"”u ed the purse, which contained $45, to . Mrs. Hmfim Matteson with her ecretary of r lock . drop to the sidewalk unnoticed at the | daughter, rs. Mary Nichols and M; B. L. N hereby authorized and directed to |the attendant has no way of opening | {ToP her granddaughter, Miss Nellie Nich- |has returned tn‘fx:o': toe‘vmd:r cause preliminary examinations and [the coin box the person who tries it Vi Tveys To e e g | will have to €0 and make a pretty | )iss Page later reported her loss |ols of Hope Valley, R. L, were recent | with friends in Bosto named localities, and a sufficient sum |Strong splel to the treasurer before h‘°,,,‘“:.,{’°,‘駰;;,i’$ th';"zi’c': ‘L'J&Z"Q‘Sm b e o el to pay the cost thereof, may be al-|De can get his coin back. It is the | 7% OO Plum Tree Heavily Laden. intention of the fair management to S T the amount provided i1 iace this mmchine on exiibition in A plum tree belonging to Frank e e e e one of the large store windows in the Putnam Bankruptey. Skinner is so laden with fruit that may be made toward the completion [Near future A Dpetition in bankruptcy was flled |the branches are bent to the ground| Robert Hazard and Miss Ditq g ey e e e —_— Wednesday in the United States dis-|and it has been found necessary to |wicec of Westeriy “wers susta req tofore authorized and for coch other | TWO GROUNDS FOR trict court at Hartford by Regis Bou- | prop many of them up to save them | cantly of Mrs. O. M. Price of Wishey At e aox o ot o thilotte of Putnam, who represents his|from breaking. From a branch | eoan weemoe z Tald’ Eholn the GODRSDAtiong Tor Ty ASKING DIVORCE | gebts at $2,767.41 and his assets at| which broke off a peck of green frult X aminations, surveys and contingen- | Named Dy Petition by Mrs. Minnie s s iy OF [ qutiagha: Here followed several localities, Keefe Starr. = among them being Mystic river, Con- | are misinie Keefe Starr of New Has Investigated Auto Wrepk. necticut. Remarks were then called | Iondon has brousht suit for divoree|. State Policeman Rowe Wheeler, who for by the chairman, from Solan E. Starr, also of New Lon- | has been in New London investigating E. S. Belden called on his son, H.|gom™ (000 " the sutt, which is re- |1ast Sunday night's auto collision, in E. Belden, of the firm of E, §. Beiden | (o5 1) 2RO 3 i B0 ] e | which Charles Lang and Mrs. Annie & Son, to testify as to his opinion of | tamber® were served Wednesday by | Beebe Baugh were injured, finished his the present channel in the Mystic river | fatoots S1STe *UNeC | Weduancoy work Thursday and returned to Hart- his opinion belng based on experiences | “Ni1s ~ Searr alleges habitual intem- |ford. The report will come soon from encountered while navigating the river. | erance and intolerable crueity. She | the office at Hartford. hMr. elBe‘Id.sn stated gmz the present | wants to resume her maiden name, Ehaga Pt 8 secluded and danger- | Minnie Keefe. The couple were mar- TAFTVILLE ous to navigation. He proposed a|rjeq March 18, 1914, in New London. channel straight in from Masons Is- | Attorney Clayton B. Smith appears for land, as being better in every way |the plaintifr. Local People at Ocean B.ach—Ever- e Nocaritn & ready Gles Club o Hold Oouting— oF Manine: Totans, ESTATE OF $69,745. Major Pillsbury then asked if the i proposed chanmel would be enough |Left by Mrs. Helen Brandegee- Za- Among, local residents to take a better to warrant Mr. Belden paying linski of “ondon. day’s outing at the seashore Thurs- part of the expenses incurred. The day, were James White, Miss Matilda latter replied that he thought if the | Theinventory of the estate of Helen | Seidel, Mrs. Daniel McShreffrey and government had & little money to |Brandegee Zalinski, deceased wife of | her guest Mrs. Elizabeth Watson of spare it would be @ good place to|Col M. Gray Zalinski, and Sister of | Laconia, New Hampshire. spend it. The meeting then adjourned. | United States Senator Frank B, Bran- is spending the week with her sistes éflu Catherine Crocker of Peck’ ‘orner. Mre. Harry Miner and Mrs. Ji Lathrop of Bozrah called Thi on friends on East Town street. Allce” Htchins have. beon “seniing % ce utchins ve Chicago Guest. some time at the home of Superin< Miss Josephine Crocker of Chicago' tendent F. L. Hutchins, of Bliss Place - TO_EU——'—' degee, was ngd inTrtlha probate court Notes. HAS - EX DE at New London ursday morning.| yohn Puchea is on hig annual vaca- Its total is $69,75411. The appraisers % PICNICKERSFROM D are Richerd C. Morris-and James R. | 0°™ Harry Gardiner’s Place at Millstons] “Ttio estate ‘includes a five-twelrths | Sichard Coleman is enjoying his Was Overrun by Parties. tnterest in Garfield Mock in State o - street, valued at $15,759, and other real| Ametela DeMarais is confined to Harry Gardiner of Millstone, 4n Wa- | estate in the Pequot and Ocean Beach :arton:.r Jx paving s troubies tnia|sections’ of “the vaiue of $15000, all Dis DoeiaCyath finees. umm e partof the town where | the real estate holdings of e testa~ | Jrex Emiling passt; his land borders on the Waters of the | trix aggrezating $34,750. e I e and Jordan cove, as the picnic| The balance of her property con- land. f:rfles -.;: :“:“;;‘to‘l}lto kl?lnds \:t i;lmfig.s sisted of stocks‘;’ bonds, notes and d:l-.l — quest a picnic. - | posits in 15 savings banks, nearly tween the two Dridges on the west|of the latter being in Connecticut | Miss Flla Fhawley of ew ¥ork 1o Bide there is a fine grove of trees and | These deposits reac ha total of about] Lisbo; the apot is nicely adapted for picnics, [$20,000. The stocks and bonds are - e DI ers not | of numeros variety, o tramp down but drive over with Under the will of Mrs. Zalinekt, her groups of young men teams and automobiles and let their|estate- is bequeathed equally to her. making plans Tor camping 1fe tn As BDear Amyx horses loose In the mowing for the en-{husband and brother. gust at Groton Long Point. nuisance Mr., oo SRS TSRS rred i Foniie Wi |, iz S st | e Juat Louphtme o mew kitehen cabinel, and leans to have J e H = s overy pars |, After George Kiley left the Newqi ‘of Mr. and Mrs. Albert Lafieur [Row Lif's judt fun fo get a dinnea neady. o never 2 his land has been th h Lobndon police 4 :y- morning, 2. 2 : With 1arge AlEns Tequeating Svershos to N ] o gL oo knew what a convenienece a kifchen calinet was Yoep oft bix properiy. A i fale A mumber of French residents bave 3 g last Sunday a few Young men of | fricnas of ONeill proceeded %o meke|Plans on foot for a trip to Rocky funtif o gof mine. ‘Waterford who wished to have a dip life miserable for Kiley. They m Point, Sunday and will make the trip g in the sound took /advaniage of M| him with watermelon’ rinds, T in an aito truck. J¢ you haven't Lought one yet, Ly all means do Gardiner’s absence and, aring WO S . ""‘m«,"‘; actaale D ey L SRt "é.;';o.‘:"‘“..;”.?‘m“ Work was started on the old Pratt |40 ai onee. You'll save enough from things you but before they had succeeded in get- 3 would wasie, in just a few monithi, fo pay fon ity \ and it wifl save you hundreds of steps every day. THE. OLE BODY Jwouldn't take anyfhing for mine, . ¥ ¢ uEEDs PURE Bl'oon Baly Jolu: is getting Letier. Sl Qtways youn [nund 3 Iw.» street, and -Oliver Y 21,. son David R. Young of o&. M,Mrune. o ’ot Lt flom