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TARVIN MAN'S DEATH.] —. +…

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TARVIN MAN'S DEATH. —. + CLAIM FOR COMPENSATION. INTERESTING TO AGRICULTURISTS. At Chester County Ccirrt, on Thursday, before- Sir Horat-io Lioyd, an application was heard under the Workmen s Compensation Act, 1900, in which Hannah \V iiliams, Old Moss, Tarvin, claimed j6150 compensation for the death of her husband, Thos. Williams, from Frank Dodd, farmer, Oscroft Hall, Tarvin. Mr. Samuel Moss, instructed by Mr. E. Brassey, solicitor, Chester, appeared for applicant, while Mr. F. Cutnbert Smith. instructed by Messrs. Richaidson alio Marsh, 0: Liverpool, appeared for the re..porldenL Mi-, Samuel Moss said it was a somewhat curious case. ifie deceased iiitii was employed as an agricultural labourer at Oscroft Hall, Tarvin. On January 10th he carted a iurry-load of boill- manure from tile station to the tarm. On Monday and Tuesday, January 12th and 13th, he was en- gaged unloading the boue manure, which was in bags. He carried the bags on his back, and some of the boned rubbed aga jst the back of his neck, causing an abrasion of the skin. He complained to his wile about it that night, but on the Thursday his n<v«. was apparently ail right. On the Mon- day fui^jiVing, January 19th, and on the Tuesday, deceased was engaged in sowing the bone manure. Oil !•<lays ho complained very much to his wife of P,"il .:L and about his neck, and when lie went to w<-•: L <1. Monday theve was 011 the side of his neck sonu '■ iing like a small pimple, which he had sh.'vvn to i, wife on Sunday, stating that it felt queer. On Wednesday he was quite unable to go to his work. and Dr. M ireton, of Tarvin, was called in Thi man got worse, and Dr. Pattullo. of Kxlsail, was sent for. On Friday Dr. Taylor, of Chester, was called in. ard on Saturday, about five ill tne morning, the man died. In the opinion of the doctors, death was due to what was tech- nically called malignant oedema, which was a kind of anthrax. The doctor- could account for death in no other way than by inoculation when the man was sowing the bone manure. The man sowed the manure as wheat was sown, by scattering it from a ''hopper, which he carried in front of him. There was something in che nature of the microbe of some disease in tile bone manure itself, and the man either put his hand to the abrased surface of or the neck or the dust itself blew on to that sur- face. and in that jvav b-? became inoculated with the bacillu». wÜicq rise to the disease from which the man died. February 27th his client gava notice of the action to Mr. Dodd, and re- ceived a complete denial of liability, which was contained in a letter from the Accident insurance Company. inquest was held on the man, and the jury returned a verdict that deceased died from malignant oedema, caused by inoculation probably from. bone manure, wuile deceased was engaged in sowing. The Insurance Company had aLa written stating that dtc-a-sed did not die trom an accident m tne meaning of the Workmen's Com- pensation Act, and the applicant was not entitled to compensation. He did not see how the death could not be called fortuitous or unexpected. His Honour: Was an analysis made of the maim re Mr. Moss did not know. He wa3 told that an anahsis would not afford conclusive evidence, on account of the large quantity that would have to be analysed and the minute nature of the bacillus. Mrs. Williams, deceased s widow, said he was 42 ye.\rs of age. He was a farm labouier. He was a. healthy man.—Cross-examined: The first injury was on top of the spine. It was a scratch about two inches across and was inflamed. It was healed nicely on tho Thursday. George Cleave said he saw an injury on de- ceased's neck. Deceased did not complain about it.—Cro-e examined E" did not tell witness that lie haa had the sore jX-v.e all his usck before the first day he carried tlr" bags. Dr. Tom Moreton, of Tarvin, said he had known deceased ail his life. K; was a very healthy man. He was called in on January 21st. Deceased had a swelling on the right side of the neck. He said he d.d not feel ill, and his pulse and temperature were both normal. There wa, a superficial and very small sore on thangle of the jaw. His Honour: Was it a razor cut?—Witness: It was just where a razor cuts. Continuing, witness said he came to the con- clusion that it was an unusual case, but witness did not recognise the disease at first. He came to the conclusion on the 23rd that it was malignant cedeuia. Dr. Taylor L-,d Dr. Pattullo confirmed his opinion of it. Air. Moss: Could lie contract the disease from the pinipio"—Witness: He could. If the dust touched tli,3 pimple it would be quite sufficient to cause death. If his hand, having some dust on it, touched the spot it wa ;d cause the disease. Witness proceeded to uay that the bacillus might be found 111 the manure, but they would not be expected, as the bacitt were so minute and the quantity analysed would have to be so enormous. The bones of diseaseo animals would be likely to contain bacilli.—Cross-examined: Witness agreed that as deceased was wearing his clothes, on which there was the manure dust, part of the Sunday and the whole of the Monday and Tuesday, there was a constant source of i:if"ction. Dr. Henry Pattullo Kelsall, said he called on the. Thursday and came to the conclusion that de- ceased was suffering from some infection, most probably enthrax. In acute anthrax the period of inoculation was very short. He should say that deceased contracted the disease from 24 to 48 hours before the symptoms were developed. Dr. James Taylor, Chester, said he came to the conclusion that deoeaMxi was suffering from malig- nant oedema, which was analagous if not the same as anthrax. H' examined some of the fluid from the puncture, and found it contained bacilli like tho.e of aiithrac. Deceased was inoculated by organic poisoning it a wound, probably a small puncture. The most probable explanation was that the poison had oome from the manure which deceased had been handling. Witness was very much mcliaed to think that the infection came from the man's finger nails when he scratched the sore It might have been first the injury at the back of his neck which was the cause of the poisoning. That poisou acted locally, and did not affect his constitution, but the bacilli of the anthrax were there produced, and the man's scratching very easily got a little into the scratch on the side of his neck. Mr F. Cuthbert Sm th addressed his Honour for the defence. He sad the onus of proving the cause of death lay with the applicant. He ventured to think that never in the whole number of workmen's compensation cases was there a more problematical case. They had probable causes and possible causes. Ever- one of the causes given might have caused death, and yet they did not necessarily arise from any accident. It did not matter what disease a man might contract, it must arise out of an accident in order to come within the meaning of th? Act. If anthrax wa- the result of an accideat. then if a ma.n caught sunstroke in a field t-wi, would be an accident within the meaning of the Act. His Honour: Sunstroke would I, an accident in a. way. but it would not come within the mean- III, of the Workmen's Compensation Act. as it did not arise out of hi employment. Mr. Snuth Neither does anthrax arke out of employment. His Honour: What "is up the anthrax? That arises out of the employment. That is the question, not the reside—anthrax. What caused the anthrax? Mr. Smith thought a man got sunstroke out of his employment as much as he got anthrax out of his employment. Not o.y must the disease arise out of. but in the course of his employment. They had the wife's evidence that her husband on Sun- day changed his clothes. He shaved at the same t,i izic- and washed hhns'if. If he had a pimple on the side of his face where the razor caught-and he ventured to think tin: Dr. Moreton's evidence on the point was a useful bit of evidence—-it seemed to him that it v.'as not necessary to go wandering into speculation about what happened on Monday. They had an act which might have caused an abrasion at that moment. It was likely that as the man was rubbing tli, lather over his face, he might have rv'ibed the germs into tip skin, and they had the doctor's evidence that if the germs got into a ratch which they could not see it would b^ sufficient to cause inoculation. In that case it was lICZ during his employment. There was no evidence as to when the accident happened. His Honour reserved dgment.

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