The Survey, Volume 30, Number 1, April 5, 1913Various
History
The Survey, Volume 30, Number 1, April 5, 1913
Various
Charities -- Periodicals; Social problems -- Periodicals; United States -- Social conditions -- Periodicals
It must be admitted that even our discredited system of employers'
liability has afforded occasional relief to the victims of accidents.
But even this uncertain and irregular protection, poor as it is, has in
most instances been denied to workers exposed to the creeping horror of
industrial disease. The exact occupational cause of the affliction is,
of course, more difficult to prove. The employee is thus placed at still
greater disadvantage in dealing with his employer. American judges,
basing their opinions on outgrown decisions of the British House of
Lords, have declared that "industrial injuries" include only those
afflictions of an accidental nature whose cause can be ascribed to a
definite point of time, and have thus almost universally barred even
from the occasional and expensive relief of employers' liability the
victims of such typical maladies as the match maker's "phossy jaw," the
lead worker's "wrist-drop" and painter's colic, the boiler maker's
deafness, the glass worker's cataract, the potter's palsy, the hatter's
shakes, and the compressed air worker's bends.
The public has not yet forgotten pitiful cases where match
manufacturers, through the work of their attorneys, were able to deny
all financial relief to their victims of "phossy jaw." And there are
cases now pending in the courts where men totally blinded by the fumes
of wood alcohol have year after year sued in vain for some financial
relief from brewery companies which employed them to varnish the inside
of beer vats.
Occasionally, however, large awards have been made. But they, as in the
case of damage suits arising out of accidents, encourage further
expensive litigation. One case of wood alcohol poisoning in Ohio (Joseph
Frank _vs._ The Herancourt Brewing Co., 82 O. S., 424) is now a matter
of record. The Supreme Court compelled the employer to pay $12,500, with
interest and costs, aggregating over $15,000.
"After five years of litigation, six hearings in three different
courts, including two trips to the Supreme Court, printing of
several thousand pages of record testimony and briefs, taking
voluminous depositions in different parts of the country involving
great expense, during which the injured workman--in this instance
rendered blind--was totally unable to support his wife and family,
the wife being obliged to work at nights in downtown cafes,
scrubbing floors after midnight, in order to provide scant food for
herself and babies while the latter slept."
This verdict is of peculiar interest, according to the well-known
Cincinnati law firm which prosecuted the case, because it is the first
instance so far as they have been able to ascertain in which there has
been a recovery from injuries resulting from the poisonous influence of
wood alcohol.
Public-domain text, read in full here on John Shaqi.
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