doing so someone pressed the button, starting the elevator, which caught his knee; at the hospital he was told the bone was cracked lengthwise; his duties were to run errands and do general inside work; this work he was doing when injured was a part of the janitor's duties. Finding: That the employe did not receive an injury in course of employment and is not entitled to compensation. DUDLEY M. HOLMAN, Chairman. No. 2495-Claim of Bridget, Widow of Patrick Cavanaugh, Employe of McDonald & Joselin, vs. Contractors Mutual Liability Insurance Company. Finding for Insurer. Heard at Brockton, Jan. 14, 1916; Counsel, J. P. Meade for Widow; N. F. Hesseltine for Insurer. Question: Whether or not there was any causal connection between an injury the employe received and his death from cancer on Sept. 2, 1915. Evidence: The superintendent on the job testified that Cavanaugh was working on a staging when a brick fell, striking him on the head and knocking him unconscious. Members of the family testified that previous to the accident he had always been in good health; that after the accident a general breaking up was noticed. Physicians who performed an autopsy testified that death was due to cancer; that they found an old fracture of a rib that might have been six months or 20 years old. Finding That the death had no causal connection with the injury and, therefore, the claim is dismissed. THOMAS F. BOYLE, Chairman. HUGH C. BLANCHARD for Insurer. No. 2576 Claim of Mary Calvini, Employe of Lincoln Mills, vs. Frankfort General Insurance Company, for Injury to Wrist. Finding for Employe. Heard at Fall River, Jan. 17, 1916; Counsel, T. F. Higgins for Employe; H. R. Bygrave for Insurer. Question: As to duration of disability. Evidence: Employe was injured March 23, 1915, the left ulna and radius being fractured; compensation was paid to Sept. 19, when she returned to work, but was obliged to give up on account of pain and swelling in the wrist. Medical opinion was to the effect that the injury is causing chronic synovitis and an operation was advised to remedy conditions; the surgeons believed she is unable to work at the present time. Finding: That the claimant is still incapacitated for work and entitled to compensation from the date on which it was stopped to date of hearing, amounting to $75.54; payments to continue during total incapacity. The committee recommends an operation for correeting conditions. DUDLEY M. HOLMAN, Chairman. JAMES TANSEY for Employe. JAMES H. KENYON, Jr., for Insurer. No. 2619-Claim of Michael Hines, Employe of Ocean Steamship Company, vs. Massachusetts Employes Insurance Association, for Injury to Head. Finding for Insurer. Heard at Boston, Jan. 12, 1916; Counsel, J. W. Cronin for Insurer. Question: Whether or not employe is at present incapacitated for work as the result of an injury in course of employment. Evidence: Employe, a longshoreman, ran into the top of a port, Sustaining a severe scalp wound which suppurated, and he was treated by various doctors for nearly two months; says he has not made any attempt to work, suffers from dizziness and fear. Impartial physician testified that man has recovered and is able to work, but that he had a hard time with the injury, and it "got on Compensation was paid for seven weeks. Finding: That employe is not now incapacitated for work; committee recommends that he immediately return to work. his nerve.' FRANK J. DONAHUE, Chairman. ABRAHAM M. PINANSKI for Insurer. No. 2494-Claim of Peter Hart, Employe of Fall River Gas Works Question: Whether or not the employe sustained an injury in course of employment. Evidence: Employe testified that on Sept. 14, 1915, while at work in a trench driving cement, something flew into his ear; his hands were covered with tar, oil and red lead, and he put his little finger in to take the substance out and scratched the ear; it soon began to pain him and he eventually went to the hospital, where an operation was performed; never had trouble with the ear before; had a cold a few days before, but was feeling all right before the accident. Physicians testified that the employe was operated on for mastoid, and that such condition might result from such an accident as described, though that was not the usual cause. Finding: That the employe received an injury in course of employment and is entitled to reasonable hospital and medical services for the first two weeks; that he is totally incapacitated for work as a result of the injury; that there is due to date of hearing, weekly compensation of $9, amounting to $117; and that compensation shall continue until this award is revised by the board. DUDLEY M. HOLMAN, Chairman. EDMUND P. TALBOT for Employe. JOHN W. RYAN for Insurer (Dissents. ) (Cases Heard by Full Board on Review.) Claim of Joseph Bittano, Employe of Ackerman & Brunnell Company, vs. Frankfort General Insurance Company. Finding for Employe. Heard Jan. 6, 1916; Counsel, G. M. Stearns for Employe, H. R. Bygrave for Insurer. Record: Four fingers of employe's right hand were severed by an accident, Jan. 30, 1913, rendering the hand permanently incapable of use. His average weekly wages were $4. Specific compensation was not paid until after a hearing had been held and a decision filed that such compensation should be paid for 25 weeks. After further hearings, incapacity compensation having been suspended, it was assumed that the insurer had provided employment as an office boy and partial incapacity compensation decreed on that basis, total incapacity having extended to April 12, 1915. A proposal to pay a lump sum of $200 in redemption of all liability was disapproved by the board. Before he came into the office of the insurer, the filing which was given him to do was performed by the stenographers, and the work performed by the claimant was of such small volume that he spent but a short portion of the day at it. This was not a "job"; it palpably was a subterfuge for placing a fictitious value upon the services of the employe. Finding: That total incapacity continued from April 12 to Nov. 15, 1915, and thereafter, notwithstanding the employment afforded him by the insurer; that he is still totally incapacitated and will be for an indeterminate period; that the insurer should pay weekly compensation of $4 to Jan. 6, 1916, less the amount given him as wages plus other earnings, leaving a balance due to date of $100.21, compensation to continue until this order is revised. SIGNED BY THE BOARD. For previous review of this case see Bulletin No. 43, vol. 1, page 2011. Claim of Patrick Comerford, Employe of McDonald & Joslin Company, vs. Contractors' Mutual Liability Insurance Company. Disputed Liabilty. Previous Finding for Insurer Reversed. Heard Jan. 16, 1916. Insurer's Appeal from Finding of Full Board Filed in Superior Court, Feb. 8; Case will Take its Course to Supreme Court. Material evidence is reported by the committee of arbitration. In substance it shows and we find that the employe was a teamster employed by Timothy Connors and that it had been customary for the latter to furnish Comerford to the subscribers, McDonald & Joslin Company; on the day of the accident he had been sent with a team; Joslin and Comerford were working together when the employe slipped and fell, injuring his thigh... The injury occurred while Comerford, under the control and direction of Joslin, was assisting to carry a sill from the pile to the wagon. During all the time Comerford was on the premises he was engaged in the business of the subscribers and was the servant of such subscribers. The test is whether in the special services he was required to perform, Connors continued to exercise control and direction or whether it had been relinquished to the subscribers. Such control having been relinquished by Connors, and exercised by the subscribers, Comerford became the employe of McDonald & Joslin Company and the insurer of the latter is liable. Employe was totally incapacitated for work to Oct 20, 1915; his average weekly wages were $13.50; incapacity having lasted 22 weeks there is due him $198 in full. SIGNED BY THE BOARD. For arbitration report see Vol. 1, Bulletin No. 49, page 2294. SUPREME JUDICIAL COURT A. W. CHIPPENDALE VS. NORTH ADAMS SAVINGS BANK. Report of Suit Brought by Administrator to Determine Title to Bank Deposits. Decree Giving Certain Property to Plaintiff and Deposit Books to Holder of Joint Interest with Intestate, Handed Down Feb. 8, 1916. Case Submitted on Briefs at Pittsfield, Sept. 14, 1915; C. T. Phelps for Plaintiff; P. S. Ashe, W. E. Couch for Respondent. OPINION. LORING, J. This is in effect a bill of equitable replevin to obtain possession of a tin box and its contents. The case was reserved for this court upon the pleadings and master's report. The tin box contained four deposit books, two of the deposits being in the Hoosac Savings Bank and two in the North Adams Savings Bank. The other papers in the box were not of importance. The question presented is whether these deposits belong to Mrs. Worthington or to the administrator of Henry D. Williams. Henry D. Williams, the plaintiff's intestate, deposited his surplus earnings in the two savings banks mentioned above. He had a tin box in which he kept his deposit books and other papers. On Oct. 2, 1908 (a year and a half before he died), he took this box and accompanied by his sister, Mrs. Worthington, went to the Hoosac Savings Bank. At the savings bank he unlocked the box and took from it the two deposit books of that bank. At his request the following words were inserted in each of these books, namely: "Payable also to Abbie Worthington," and "either party or the survivor of them may draw the whole or any part now or hereafter deposited on this account with interest." Mrs. Worthington thereupon signed the bylaws of the bank and the necessary identification card provided for depositors. The two books were then replaced in the tin box and Williams, still accompanied by Mrs. Worthington, took it away with him. Mr. Williams and Mrs. Worthington then went to the North Adams Savings Bank. There the two deposit books of that savings bank were changed by the insertion after his (Williams's) name of these words: "May be drawn by his sister, Abbie Worthington"; and Mrs. Worthington thereupon signed the bylaws of that bank and a depositor's identification card. One of the officers of the North Adams Savings Bank, at the request of Williams and Mrs. Worthington, prepared the following label: "Property of Abbie Worthington," and, by the direction of Williams, pasted it on the tin box. After these changes had been made on the deposit books they were returned to the box and the box was locked by Williams with his key. The box was then delivered to the North Adams Savings Bank for safe keeping, with the agreement that both Williams |