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pneumonia and based this conclusion upon the shortness of the period elapsing between the time of the injury to the finger and his death, stating that in their opinion they considered the time too short for the infection to develop into septic pneumonia.

"We therefore, have the positive testimony of two physicians who actually examined and attended decedent that the cause of death was septic pneumonia, and this supported by their testimony as to their observation of the condition of decedent that the finger was injured, that the red streaks developed in a very short time up the arm, that decedent's temperature became very high, that he developed pain in the left side resulting in a pleurisy which was very shortly followed by a general consolidation in the lungs.

"It is significant in corroboration of this that Dr. Harley, before he had any knowledge of a proceeding such as this reported the cause of death to the health authorities of New Jersey as 'septic pneumonia.' Dr. Harley and Dr. Kaighn both support their testimony by symptoms which are only inferentially questioned by the physicians called as experts, who contend that the time between the injury and the death is too short in their opinion for it to have been caused by the injury to the finger, but it is admitted by at least one of the experts that such a result is probable, and none of them would say that it was impossible. "The decedent evidently had no notion that it was so serious, as his telegram shows he expected to return to his work in a few days.

"We have therefore the positive testimony of the attending physicians that death was caused by the injury to the finger, supported by their statement of symptoms upon which they based their diagnosis and which are practically admitted by all of the physicians called to be symptoms of such a condition had a longer time elapsed, and under such circumstances it would. not seem reasonable to reject this positive testimony for open testimony only.

"It is perhaps not without significance also that defendant might have had a physician examine decedent before his death had they acted promptly upon receiving his telegram, and it

would not seem fair to claimant to hold that under these circumstances, such an examination not having been prevented by any act of hers or of the decedent, that the positive testimony of the doctors who examined and attended decedent should be rejected, and it is therefore found as a fact that the death of decedent on October 21, 1916, was due to septic pneumonia caused by the injury to the finger."

Conclusion and Award.

The claimant is accordingly entitled to compensation for the death of her husband in accordance with the schedule provided by law.

APPEALS FROM AWARDS OF REFEREES

WM. AND ELLA THOMAS vs. PENNSYLVANIA RAILROAD COMPANY

Supplemental Opinion. For original opinion see 3 Dep. Rep. 546.

SCOTT, Commissioner, March 15, 1917:

An opinion was filed in this case February 16, 1917, disposing of the questions of fact and law raised in the appeal and the findings and award of the Referee were affirmed and appeal dismissed. It now appears that the Referee in his statement of the award made an error in that he found the amount of compensation to which the claimants are entitled to be $2.84 per week, stating that this was 20% of $14.69, the average weekly wage of the deceased son, whereas 20% of this amount is $2.94 instead of $2.84 as carried out in the award. Therefore the Board upon inspection of the record corrects the same and modifies the award made by the Referee to correspond with the facts, making the weekly compensation due the claimants $2.94.

CASES NOT ELSEWHERE REPORTED

First District-George C. Klauder, Referee

Claim Petition No. 2086. Vincenzo Scaramuzzi vs. Philadelphia & Reading Rwy. Co. Compensation awarded.

C. P. No. 2119. John J. Bradley vs. Samuel Williams. Adjusted by agreement..

C. P. No. 2241. Clyde A. Bartin vs. Henderson & Brothers. Adjusted by agreement.

C. P. No. 2254. William Kalesse vs. Howard Bread Co. Adjusted by agreement.

First District-Wm. B. Scott, Referee.

C. P. No. 1150. Mrs. Mary Quigley vs. McDowell Paper Mills. Compensation disallowed.

C. P. No. 2135. Walter Jajef vs. Defiance Engineering Co. Adjusted by agreement.

C. P. No. 2148. John Pfrommer vs. State Workmen's Insurance Fund. Adjusted by agreement.

C. P. No. 2163. Chas. H. Morris vs. Harry Brumstein. Petition dismissed.

C. P. No. 2182.

justed by agreement.

Ernest Kloeffel vs. Frank Baker.

Ad

C. P. No. 2248. John R. Nealis vs. Dunlap Printing Co. Adjusted by agreement.

C. P. No. 2277. Stamteous Evangelene vs. McClintic-Marshall Const. Co., P. M. Pennypacker, Camden Structural Painting Co. Claim dismissed.

C. P. No. 2307. Bendigo Ravin vs. D. B. Martin & Co. Adjusted by agreement.

C. P. No. 2333. Frank Delaimo vs. Robert Smith Ale Brewing Co. Adjusted by agreement.

Second District-Paul W. Houck, Referee

C. P. No. 1959. Joseph E. Williams vs. Lehigh Valley Railroad Co. Compensation awarded.

C. P. No. 1994. Mrs. Bridget Tigue vs. Forty Fort Coal Co. Compensation awarded.

C. P. No. 1995. Charles Berjiuski vs. Lehigh & WilkesBarre Coal Co. Compensation awarded.

C. P. No. 2018. Frank Eckroade vs. Lehigh Coal & Navigation Co. Compensation awarded.

C. P. No. 2042. Mrs. Bridget Clark vs. Lehigh Valley Coal Co. Compensation awarded.

Compensation Agreement No. 53907. August Frenzel vs. Lehigh Valley Coal Co. Compensation continued to Nov. 20, 1916.

Third District-Geo. W. Beemer, Referee

C. P. No. 908. Paul Kavulich vs. Delaware, Lackawanna & Western Railroad Co. Compensation awarded.

C. P. No. 910. William Simowlas vs. Delaware, Lackawanna & Western Railroad Co. Compensation awarded.

C. P. No. 1120. Mary Krupinski vs. Scranton Coal Co. Compensation disallowed.

C. P. No. 1122. Mary Zadwick vs. Lehigh & Wilkes-Barre Coal Co. Compensation awarded.

C. P. No. 1208.

pensation disallowed.

Barney Galinski vs. Penna. Coal Co. Com

C. P. No. 1221. Mrs. John H. Bittner vs. Lehigh Valley Railroad Co. Compensation awarded.

C. P. No. 1299. August Krieger vs. Delaware & Hudson Co. Compensation awarded.

C. P. 2162. Henry Kuhs vs. Edward Johnson. Compensation disallowed.

C. P. 2173. Earl Fisher vs. Standard Steel Works Co. Adjusted by agreement.

C. P. 2274. Mary Barnhart vs. Mostoller Coal Company. Compensation awarded.

C. P. 2276. Mrs. E. D. Benner vs. Frank Lowery. Compensation awarded.

Petition for Modification of Compensation Agreement No.

23469. Joseph Skarl vs. Henrietta Coal Mining Co. Supplemental Agreement made.

Compensation Agreement No. 39964. Joseph L. Buchanan vs. Standard Steel Works Co. Agreement terminated.

Seventh District-G. Scott Smith, Referee.

C. P. No. 1663. George Kimble vs. Natural Gasoline Co. Compensation disallowed.

C. P. No. 1767. Oscar Kightlinger vs. Thompson & Wana. Compensation disallowed.

C. P. No. 2135. Vesilie Petrovan vs. General Elec. Co. Compensation awarded.

C. P. No. 2144. Joseph Wzientek vs. Jas. Thompson Dock Account. Compensation awarded.

C. P. No. 2149. F. A. Stover vs. G. R. Wood Sons Co. Compensation disallowed.

Eighth District-W. W. Champion, Referee, Specially Presiding.

C. P. No. 2055.

pensation awarded.

Minnie De La Fleur vs. Rose Cohen. Com

Eighth District, L. E. Christley, Referee.

C. P. No. 1414. Pietro Colosi vs. Rochester & Pittsburgh Coal & Iron Co. Compensation disallowed.

C. P. No. 1624. Julia Kunkle vs. Tide Coal Mining Co. Compensation awarded.

C. P. No. 1817. John Romonycrock vs. Forged Steel Wheel Co. Compensation awarded.

C. P. No. 2074. Ralph Aquilino vs. Allegheny River Mining Co. Compensation awarded.

C. P. No. 2083. Robert and Margaret Calhoun vs. Pittsburgh Crucible Steel Co. Compensation awarded.

C. P. No. 2099. Toner Nascodes vs. Standard Steel Car Co. Compensation disallowed.

Compensation Agreement No. 38680. H. A. Montgomery vs. Mohawk Mining Company. Compensation awarded.

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