from a fellow employe was injured by accident. The injury was held to be by accident arising out of and in the course of the employment. Where the evidence shows that a workman was so injured on a certain date, while engaged in and in the course of his employment, that about a month later the ordinary work of his employment so increased the injury that as a result thereof he dropped dead, it should be held that the death was by accident arising out of and in the course of his employment. Winter v. Atkinson Frizelle Co., 37 N. J. L. J. 195. In 88 N. J. L. 401, 96 Atl. 360, the Court of Errors and Appeals upheld the award in this case treating the second or later date when deceased in weakened condition succumbed to strain as the time of accident causing death. If an injury is shown to have been due to a strain undergone by a workman in the course of his employment, it necessarily follows that the accident arose out of the employment. The strain need not be an unusual one. Brown v. Kemp, Gordon's W. C. Rep. (1913) 595. Where one workman is shot by the accidental discharge of a gun pointed in fun at the injured workman by a fellow employe, there was not an injury by accident arising out of and in the course of his employment. Hillas v. Shaw, Gordon's W. C. Rep. (1913) 744. In Edwards v. Wingham Agricultural Implement Co., Gordon's W. C. Rep. (1913) 642, death of a workman while going from his work was held not by accident arising out of and in the course of his employment. Where a railroad company's messenger attempted to cross the tracks without permission, in contravention of the rules of the company, for his own purposes, and was run over and killed while so doing, his death was not due to an accident arising out of his employment. McGrath v. London and Northwestern Railway, Gordon's W. C. Rep. (1913) 198. A messenger boy attempted to board a car while in motion and was injured. It was held in view of the circumstances that the accident did not arise out of the employment. Wemyss Coal Co. v. Symon, Gordon's W. C. Rep. (1912) 336. An injury to a workman while attempting to board, while still in motion, a train upon which under his contract of hiring he had the right to return from his work free of charge, was held to be by accident arising out of and in the course of his employment. Walton v. Tredegar Iron and Coal Co., Gordon's W. C. Where a workman was seized with a fit of giddiness while engaged in the course of his employment, which caused him to fall down stairs, sustaining injuries, such injuries were not by accident arising out of his employment. Butler v. Burton on Trent Union, Gordon's W. C. Rep. (1912) 222. Where a brakeman strained a tendon while removing his sock, he was not injured by accident arising out of his employment, as the injury was not the result of a risk to which ordinary mortals are not subjected. Peel v. Lawrence & Sons, Lim., Gordon's W. C. Rep. (1912) 141. Where a collector suffered an accident while on a bicycle. the use of which was not known to or acquiesced in by the employer, the accident did not arise in the course of his employment. Butt v. Provident Clothing and Supply Co., Gordon's A workman while riding a bicycle in the course of his employment was thrown therefrom by his own dog; it was held not an accident arising out of his employment. Greene v. Shaw, Gordon's W. C. Rep. (1912) 25. In a case where a workman was employed to work on two farms, one located on the mainland and the other on a near-by island, and was furnished by his employer with a boat to pass between the two farms, it was held that it was an implied agreement that the workman might at all reasonable times. go home in his employer's boat, and that an injury to the employe by an accident which happened when the employe was about to get out of the boat arose out of and in the course of employment. Richards v. Morris, Gordon's W. C. Rep. 1914) 116. In Robson, Eckford & Co. v. Blakey, Gordon's W. C. Rep. (1912) 86, it was held that apoplexy caused by heat was not accident arising out of employment. Cook v. Ship "Montreal" (Owners), Gordon's W. C. Rep. (1913) 206, and Webber v. Wansbrough Paper Co., Gordon's W. C. Rep. (1913) 627, were cases where death by drowning was held not by accident arising out of and in the course of employment. Where a seaman was drowned before beginning to do anything specifically connected with his employment, his death was not by accident arising out of and in the course of his employment. Dixon v. Ambient (Owners), Gordon's W. C. Rep. (1912) 224. Where a seaman had gone ashore on the ship's business, but while waiting for a boat to take him back to his ship fell overboard and was drowned, his injury was held not by accident arising out of his employment. Fletcher v. "Duchen" Steamship (Owners), Gordon's W. In a case where a seaman had been told that he was not to sleep on board the ship while the same was in port, notwithstanding which he attempted to go aboard at night for the purpose of sleeping on board, but fell overboard in such attempt and was drowned, his death was not by accident arising out of and in the course of his employment. Griggs v. Steam Trawler "Gamecock" (Owners), Gordon's W. C. Rep. (1913) 122. In a case where a workman employed to work on two farms of an employer located on opposite sides of a river, and furnished by his employer with a boat to cross the river, undertook to swim across one night when the boat was not available and was drowned, it was held that in so doing he had exposed himself to a new and added peril not contemplated by the parties and that accordingly the death was not by accident arising out of and in the course of the employment. Guilfoyle v. Fennesy, Gordon's W. C. Rep. (1913) 228. A workman whose fingers were frost bitten while engaged at his employment, was not suffering from injury by accident arising out of his employment. Warner v. Couchman, Gordon's W. C. Rep. (1912) 28. In a case where a workman was injured by being hit with a piece of corrugated iron blown from a roof, it was held that there was not injury by accident arising out of and in the course of employment. Kinghorne v. Guthrie, Gordon's W. C. Rep. (1913) 509. In Graham v. Barr & Thornton, Gordon's W. C. Rep. (1913) 202, it was held under the circumstances of the case that an accident to an employe while using a path beside a railroad track did not arise out of and in the course of the employment. In one case blood poisoning induced by a wasp sting was held not an injury by accident arising out of employment. Amys v. Barton, Gordon's W. C. Rep. (1912) 22. Where a canvasser over-exerted himself and became sweated from climbing the stairs in a tenement, and thereby contracted a chill resulting in pleurisy, there was no injury by accident. McMillan v. Singer Sewing Machine Co., Gordon's W. Death of a workman while under an anaesthetic preparatory to an operation for cancer of the tongue, which had developed after the workman had punctured his tongue with a tack which he had held in his mouth for use in his work was held by accident arising out of and in the course of his employment. Cramer v. Littell, 38 N. J. L. J. 82. In Madden v. Whitman, 38 N. J. L. J. 113, a workman in the employ of a contractor putting up a building for a railroad along the tracks, who was injured by a train while he was going along the tracks to a toilet was held to have suffered an accident arising out of and in the course of his employment. An injury to a chauffeur and mechanician by a severe burn on a superheated motor held by accident arising out of and in the course of employment. Bodewig v. Hubert, 39 N. J. L. J. 172. A patrolman, mistaken by a householder for a burglar, was shot in the shoulder. Held, accident arising out of and in the course of the employment. Rogan v. City of Burlington, 39 N. J. L. J. 216. Death of an employe at night in a lodging house, caused by escaping illuminating gas was held not to be by accident arising out of and in the course of employment. Kearney v. Brunswick Refrigerating Co., 39 N. J. L. J. 343. Injuries following swallowing pins through laughter caused by remarks of assistant manager of respondent's store were held by accident arising out of and in the course of employment. Jensen v. Woolworth, 40 N. J. L. J. 146. The death of an employe in the Lusitania disaster was considered as by accident arising out of and in the course of the employment of a commercial traveller. Foley v. Home Rubber Co., 89 N. J. L. 474, 99 Atl. 624. Where the agent and collector of a brewing company while on his employer's business in a district of bad repute was shot by some person unknown and there was an absence of any proof that the motive of the assailant was robbery or that the employer had notice or knowledge of the dangerous character of the locality it could not properly be held that the shooting was an accident arising out of and in the course of the employment. Schmoll v. Weisbrod & Hess Brewing Co., 89 N. J. L. 150, 97 Atl. 723. |