incapacity is disease, or the impaired physical condition at a time when he is doing his ordinary work in the ordinary way, it cannot be said to have been caused by accident.28 And this is the rule although the work is too hard for took the view that the onus of proof had not been discharged. Where a workman apparently in ordinarily good health, suddenly dropped dead from heart disease while he was lifting baskets filled with corn, and the arbitrator found that there was no unusual or unexpected strain in the course of his work immediately preceding his death, there is no evidence upon which the arbitrator may find that his death was due to accident. Kerr v. Ritchies (1913) 50 Scot. L. R. 434, [1913] S. C. 613, 6 B. W. C. C. 419. Where symptoms of heart failure which came on suddenly might have come from a sudden strain, or might have come simply from the progress of the disease, the county court judge is not justified in finding that there was an "accident." Beaumont V. Underground Electric R. Co. [1912] W. C. Rep. (Eng.) 123, 5 B. W. C. C. 247. 28 Hensey v. White [1900] 1 Q. B. (Eng.) 481. 48 Week. Rep. 257, 69 L. J. Q. B. N. S. 188, 63 J. P. 804, 81 L. T. N. S. 767, 16 Times L. R. 64, denying the right of recovery in a case where a workman who was inherently weak internally ruptured a blood vessel when making an effort to start the wheel of a gas engine, which had become stiff from disuse. A death cannot be attributed to "accident" where the deceased had suffered from progressive heart disease for some years, and was liable to die at any moment, and death came while he was doing his normal work. O'Hara v. Hayes (1910) 41 Ir. Law Times, 71, 3 B. W. C. C. 586. No compensation can be awarded where the medical evidence was to the effect that the incapacity of the complainant was not due to the accident, but to an eczematous condition not caused by the accident. Swinbank v. Bell Bros. (1911) 5 B. W. C. C. (Eng.) 48. Death from erysipelas of the face, nearly three months after an injury to the hand, which had healed, cannot be said to be by "accident." Hugo v. Larkins (1910) 3 B. W. C. C. (Eng.) 228. Where a workman died of heart disease, and the arbitrator finds that the man was working in the usual routine of business not strenuous, and that nothing unusual had occurred on the occasion, it is error for him to further find that the workman had met with an accident. Kerr v. Ritchies [1913] S. C. 613, 50 Scot. L. R. 434, [1913] W. C. & Ins. Rep. 297, 6 B. W. C. C. 419. Where a man's arteries were in a diseased condition of long standing, and he was at tacked, while working, by angina pectoris, and died on the evening of the same day, there is no evidence to sustain a finding that he died from accident, it being shown that his work was not heavy and required no the plaintiff, provided that he is not injured by any sudden strain.29 On the other hand, death or injury may be found to be the result of an accident, although the workman's impaired physical condition at the time straining, and that the disease may be brought on by a variety of causes, and does not always come on immediately after the Hawkins v. Powells exertion is made. Tillery Steam Coal Co. [1911] 1 K. B. (Eng.) 988, 80 L. J. K. B. N. S. 769, 104 L. T. N. S. 365, 27 Times L. R. 282, 55 Sol. Jo. 329, 4 B. W. C. C. 178. A workman employed to make a steam pipe joint, who suffers injury through the red lead coming in contact with a finger which had previously been in a blistered condition, does not suffer injury by "accident." Walker V. Lilleshall Coal Co. [1900] 1 Q. B. (Eng.) 488, 81 L. T. N. S. 769, 69 L. J. Q. B. N. S. 192, 64 J. P. 85, 48 Week. Rep. 257, 16 Times L. R. 108. But see Dotzauer 7. Strand Palace Hotel (Eng.) note 31 infra. An "accident" was not proved where the evidence showed that the applicant was a man who was suffering from an advanced disease in the mitral valve of the heart and from enlargement of the heart, and it was found in fact that this condition was not due to the alleged accident, but was of long standing, though possibly the man may not have been aware of the disease, that it was in its nature progressive, and was bound to manifest itself sooner or later, and would have done so probably in the way in which it did, and might have done so even when he was not engaged in active exercise. Spence v. Baird [1912] S. C. 343, 49 Scot. L. R. 278, 5 B. W. C. C. 542, [1912] W. C. Rep. 18. A miner cannot be said to have suffered injury by accident where he was employed in the mine but three days, and the work which he had been doing was of a very light nature, not requiring any great exertion or strain, and on each of the first two days he had complained of illness, and upon the third day and after a few hours suffered an attack of cerebral hemorrhage after doing but very little work, and appearing to be ill at ease all of the time. Federal Gold Mine v. Ennor (1910; H. C. of A.) 13 C. L. R. (Austr.) 276. 29 Where the cause of a miner's incapacity was cardiac breakdown, due to the fact that the work in which he had for some days been engaged was too heavy for him, the repeated excessive exertion having strained his heart unduly, and he was not injured by any sudden jerk, it may be found that the injury was not an "injury by accident" within the meaning of the act. Coe v. Fife Coal Co. [1909] S. C. 393, 46 Scot. L. R. 328. Lord Kinnear said it was not an accident, as it was the ordinary and necessary consequence of continuous work lasting over a considerable time. And see the cases cited in note 39, infra. may have rendered him more susceptible to the injury than a normally healthy man. It is only where the injury or death is caused solely by the previous 30 The fact that a man who has died from a heat stroke was by physical debility more likely than others so to suffer can have nothing to do with the question whether what befell him is to be regarded as an accident or not. Ismay v. Williamson [1908] A. C. (Eng.) 437, 77 L. J. P. C. N. S. 107, 99 L. T. N. S. 595, 24 Times L. R. 881, 52 Sol. Jo. 713. The facts in the case of Maskery v. Lancashire Shipping Co. (1914) 7 B. W. C. C. (Eng.) 428, are very similar to those in Ismay v. Williamson (Eng.), and the case was decided upon the authority of the lat ter case. See also Golder v. Caledonian R. Co. (1902) 5 Sc. Sess. Cas. 5th series (Scot.) 123 (workman affected by nephritis; accident lowered his vitality and accelerated death). Where a workman dies from the rupture of an aneurism, and "the death is caused by a strain arising out of the ordinary work of the deceased operating upon a condition of body which was such as to render the strain fatal," he suffers an injury by "accident" within the meaning of the act. Hughes v. Clover [1909] 2 K. B. (Eng.) 798, 78 L. J. K. B. N. S. 1057, 101 L. T. N. S. 475, 25 Times L. R. 760, 53 Sol. Jo. 763, affirmed in [1910] A. C. (Eng.) 242, 79 L. J. K. B. N. S. 470, 102 L. T. N. S. 340, 26 Times L. R. 359, 54 Sol. Jo. 375, 3 B. W. C. C. 275, 47 Scot. L. R. 885. Lord Macnaghten thus concisely passed upon this question: "The man ruptured an aneurism in his aorta. An aneurism, as I understand it, is an unnatural or abnormal dilatation of an artery; but still it is a part of the artery, and so a part of the man's body. The man 'broke part of his body,' to borrow Lord Robertson's expression in Brintons v. Turvey [1905] A. C. (Eng.) 230, 74 L. J. K. B. N. S. 474, 53 Week. Rep. 641, 92 L. T. N. S. 578, 21 Times L. R. 444, 2 Ann. Cas. 137, and he certainly did not mean to do it." To the same effect, McArdle v. Swansea Harbour Trust (1915) 8 B. W. C. C. (Eng.) 489, in which the facts were very similar, and which was decided upon the authority of Hughes v. Clover. Hughes v. Clover (Eng.) was followed in Groves v. Burroughes (1911) 4 B. W. C. C. (Eng.) 185, where a workman returned to work before a wound had healed, and it burst while he was performing his ordinary work; and in Trodden v. McLennard (1911) 4 B. W. C. C. (Eng.) 190, where a workman descending the side of a ship on a ladder was heard to give a cry as he fell into the water, and it was shown that the heart was in such a condition that any slight exertion might have caused failure. condition of the workman that compensation is denied.30 So, too, compensation may be recovered although the consequences of the injury may have been to the scene of an accident, about 100yards distant, and back again to give notice of the accident, is itself an accident within the meaning of the statute. Aitken v. Finlayson [1914] S. C. 770, [1914] 2 Scot. L. T. 27, 51 Scot. L. R. 653, 7 B. W. C. C. 918. A cerebral hemorrhage caused by exertion is an injury caused by accident although at the time of the first attack the arteries were in a degenerate condition, which rendered such an attack more likely to occur. M'Innes v. Dunsmuir [1908] S. C. (Scot.) 1021. The county court judge may draw the inference that an injury was caused by an accident, where it appears that a fireman who had been engaged in raking out the fires in a stoke hole suffered an apoplectic stroke, although the medical evidence was to the effect that the man's arteries were in a diseased condition. Broforst v. The Blomfield (1913) 6 B. W. C. C. (Eng.) 613. A workman employed to load heavy sacks on to a truck and then push the truck along rails shortly afterwards, who while resting fell senseless and died, may be held to have met with an accident, where the medical evidence proved that the heart would not have failed had it not been subjected to more than ordinary strain. Doughton v. Hickman [1913] W. C. & Ins. Rep. (Eng.) 143, 6 B. W. C. C. 77. It may be found that the death of an engine driver resulted from injury by accident, where he was last seen alive at work upon his engine, and was subsequently found by the side of the engine with his legs doubled up, and died shortly thereafter, notwithstanding he had, on at least three previous occasions, collapsed in a faint and lain unconscious for some minutes, when upon the medical evidence it appeared that he had a sound heart, and a few days before the occurrence he was examined by the physician of the company, and was presumably passed as physically fit for his position. Fennah v. Midland G. W. R. Co. (1911) 45 Ir. Law Times, 192, 4 B. W. C. C. 440. Where a workman unloading coal from a ship is seized with an epileptic fit and falls down the hatchway into the hold, it is an accident. Wicks v. Dowell [1905] 2 K. B. (Eng.) 225, 74 L. J. K. B. N. S. 572, 53 Week. Rep. 515, 92 L. T. N. S. 677, 21 Times L. R. 487, 2 Ann. Cas. 732. In Warnock v. Glasgow Iron & Steel' Co. (1904) 6 Sc. Sess. Cas. 5th Series (Scot.) 474, it was held to be a question of fact for the jury whether the death of a miner seventy-nine years old, who died after having been injured by the fall of a stone from the roof of a pit was caused by the injury or by apoplexy. A stroke of apoplexy, resulting in the death of a gateman, which was brought A workman engaged in a lighter in coalon by his running from his place of working a ship, who upon a sudden rush of coal aggravated by the workman's physical condition.31 And it has been said that where the progress and intensity of the disease was aggravated by an accident, compensation will be allowed.32 Where the injury is the gradual result of doing a particular kind of work, so that it would be impossible to refer the happening of the injury to any particwas struck in the stomach, either by the coal or by a basket which he held against his body, and who, after being operated upon at the hospital, died from peritonitis caused by a perforation of the bowel, may be held to have died from the accident, although he was suffering from a weakened and disordered bowel condition due to chronic appendicitis, which rendered him more likely to be injured by a blow than though he had been in a healthy condition. Woods v. Wilson (1915) 84 L. J. K. B. N. S. (Eng.) 1067, 31 Times L. R. 273, [1915] W. N. 109, 59 Sol. Jo. 348, 8 B. W. C. C. 288. 31 Where a workman in handling a hammer makes a mis-hit and strikes a "flatter" held by another workman, thus jarring his arm and producing a severe swelling, there is an "accident," although the swollen condition is declared by a doctor to have been due to gout brought on by the jar. Lloyd v. Sugg [1900] Q. B. (Eng.) 486, 69 L. J. Q. B. N. S. 190, 81 L. T. N. S. 768, 16 Times L. R. 65. A man who, suffering from a disease of the skin, incurs injury by putting his hands into water with soda and soft soap in it, is injured by accident. Dotzauer v. Strand Palace Hotel (1910) 3 B. W. C. C. (Eng.) 387. Cozens-Hardy, M. R., observed: "The mere circumstance that a particular man, in doing work arising out of and in the course of his employment, meets with an accident which a perfectly healthy man would not have met with, is no answer at all." But see Walker v. Lilleshall Coal Co. (Eng.) note 28, supra. A brewer's assistant who felt a severe strain in his side, when, in the course of his employment, he was lifting a cask weighing about 50 pounds, attached to a pipe, from a shelf 5 feet from the ground, which pain was caused by a rupture, suffered an accident arising out of and in the course of his employment, although the rupture was in the same place as one from which he had suffered twenty-two years before, where it appeared that the early rupture was entirely cured, and that he had not worn a truss for upwards of six years, during which time he had done his work as an ordinary man would have done. Brown v. Kemp (1913) 6 B. W. C. C. (Eng.) 725. Where a workman engaged in digging out lumps of chalk from a chalk quarry, who was suffering from a slight hernia at the time he entered the service of his employer six months previously, strained himself in attempting to get out a piece larger ular day, and it is what might naturally be expected if work of that character is pursued, it is not an "accident." In cases in which this principle is applicable, the injury may be in the nature of some acute disease, caused by inhaling poisonous matter,33 or of some skin disease caused by the hands coming in direct contact with poisonous substances,34 than usual, but not larger than some others which had been gotten out successfully, which strain aggravated the existing hernia and wholly incapacitated him, the injury received from the strain, although if regarded solely from a medical aspect could not be an untoward event not expected, yet from the standpoint of a workman not learned in medicine or surgery could be regarded only as occasioned by a mishap or untoward event not expected or designed. Fulford v. Northfleet Coal & Ballast Co. (1907; C. C.) 1 B. W. C. . (Eng.) 222. 32 Willoughby v. Great Western R. Co. (1904; C. C.) 117 L. T. Jo. (Eng.) 132, 6 W. C. C. 28. 33 Steel v. Cammell [1905] 2 K. B. (Eng.) 232, 74 L. J. K. B. N. S. 610, 53 Week. Rep. 612, 93 L. T. N. S. 357, 21 Times L. R. 490, 2 Ann. Cas. 142 (gradual leadpoisoning contracted by a ship-caulker). Typhoid fever contracted while handling sewage is not an accident within the meaning of the compensation act, where it is not possible to indicate the time and place when the disease was contracted. Finlay v. Tullamore Union (1914) 48 Ir. Law Times, 110, 7 B. W. C. C. 973. Enteritis contracted by inhaling sewer gas while working in a sewer is not an "injury by accident." Broderick v. London County Council [1908] 2 K. B. (Eng.) 807, 77 L. J. K. B. N. S. 1127, 99 L. T. N. S. 569, 24 Times L. R. 822, 15 Ann. Cas. 885. But see discussion in connection with the so-called anthrax case, in notes 48 et seq., infra. Except in the case of the industrial or scheduled diseases, unless the applicant can indicate the time, the day, and circumstance, and place, in which the accident has occurred by means of some definite event, the case cannot be brought within the general purview of the act, and does not entitle the workman or his dependents to compensation. Eke v. Hart-Dyke [1910] 2 K. B. (Eng.) 677, 80 L. J. K. B. N. S. 90, 103 L. T. N. S. 174, 26 Times L. R. 613, 3 N. C. C. A. 230, 3 B. W. C. C. 482 (death resulted from ptomain poisoning contracted by inhaling sewer gas while working around cess pools). An attack of colic set up by lead poisoning is not an injury by accident. Williams v. Duncan (1898; C. C.) 1 W. C. C. (Eng.) 123. 34 Eczematous sores on the workman's hand, caused gradually by working over carbon bisulphide are not caused by accident. Evans v. Dodd [1912] W. Č. Rep.. (Eng.) 149, 5 B. W. C. C. 305. or in the form of abscesses caused by some portion of the body coming in contact with hard substances.35 Again, the injury may be in the nature of a general breakdown, due to overwork.36 Waste overrunning repair, says Fletcher Moulton, L. J., is not an accident.87 A hospital nurse or a hospital attendant who contracted a disease while at work in the hospital cannot say that he has suffered injury by accident which entitles him to compensation.38 Dermatitis incurred in washing out ink cans with a strong solution of caustic soda is not an accident. Cheek v. Harmsworth Bros. (1901; C. C.) 4 W. C. C. (Eng.) 3. A barber's assistant who suffered from dermatitis, alleged to have been contracted from the use of a dangerous dry shampoo, cannot recover compensation where he proceeds under § 1, claiming to have suffered an accident, although dermatitis may be a schedule disease, and he might have recovered had he proceeded under § S. Petschett v. Preis (1915) 31 Times L. R. (Eng.) 156, [1915] W. C. & Ins. Rep. 11, 8 B. W. C. C. 44. 35 A miner is not injured by accident where he suffers from the gradual formation of abscesses, one in the hand caused by the continual use of the pick, the other in the knee caused by continual kneeling while at work. Marshall v. East Holywell Coal Co. (1905) 93 L. T. N. S. (Eng.) 360, 21 Times L. R. 494. 36 That a workman labored very hard for several days, working seventeen hours a day, and for the last twenty-four hours practically continuously, and that six days afterwards he dropped dead from heart disease, and that there was medical evidence that death was due to heart failure following on the continual strain of overwork, does not justify a finding that the death was due to accident. Black v. New Zealand Shipping Co. [1913] W. C. & Ins. Rep. (Eng.) 480, 6 B. W. C. C. 720. Partial paralysis progressively brought on by the continued use of a tricycle is not an injury by accident. Walker v. Hockney Bros. (1909) 2 B. W. C. C. (Eng.) 20. On the other hand, where a disease is contracted as the direct result of unusual circumstances connected with the work, and is not the ordinary result of pursuing the work, it is to be considered as caused by accident.39 A disease which is the consequence of an accident is within 1 of the act, although not the natural result,4 or even the probable result.41 Thus, a disease which follows a wetting received in the course of the employment is an injury by accident; from the inhalation of gas generated by an explosion suffers from "accident." Kelly v. Auchenlea Coal Co. [1911] S. C. 864, 48 Scot. L. R. 768, 4 B. W. C. C. 417. 42 Where a miner was employed in hewing coal, and while so employed a piece of coal worked itself into his knee, with the result that blood poisoning set in and caused his death, there was an injury resulting from an "accident." Thompson v. Ashington Coal Co. (1901) 84 L. T. N. S. (Eng.) 412, 17 Times L. R. 345. 40 Ystradowen Colliery Co. v. Griffiths [1909] 2 K. B. (Eng.) 533, 78 L. J. K. B. N. S. 1044, 100 L. T. N. S. 869, 25 Times L. R. 622 (workman was injured on the knee, and suffered from exposure while slowly making his way home in his injured condition). 41 Dunham v. Clare [1902] 2 K. B. (Eng.) 292, 71 L. J. K. B. N. S. 683, 86 L. T. N. S. 751, 18 Times L. R. 645, 50 Week. Rep. 596, 66 J. P. 612 (erysipelas supervened in wound). 42 The arbiter may find that a miner's death was due to "accident," where there was evidence that he was chilled, or contracted a chill, after being required to stand in water icy cold up to his knees for about twenty-five minutes, through the failure of the lift to descend in response to the signals, the pumps used to take the water out of the pit being defective and stopped for repairs. Alloa Coal Co. v. Drylie [1913] W. C. & Ins. Rep. 213, 6 B. W. C. C. 398 [1913] S. C. 549, 50 Scot. L. R. 350, [1913] 1 Scot. L. T. 167. Lord Salveson dissented upon the ground that there was no case where a death from a disease such The arbitrator is justified in denying com. as pneumonia had been held to be a death pensation where he found that the work-resulting from injury by accident, because man's incapacity was due to continual strain after he had returned to work, and not to a previous accident, for which he had received compensation. Paton v. Dixon [1913] W. C. & Ins. Rep. 517, 50 Scot. L. R. 866, 6 B. W. C. C. 882, [1913] S. C. 1120. See also Coe v. Fife Coal Co. [1909] S. C. 393, 46 Scot. L. R. 328, cited in note 29, supra, where cardiac breakdown was due to continual work which was too heavy for the workman. 37 Walker v. Hockney Bros. (Eng.) supra. 38 Martin v. Manchester Corp. [1912] W. C. Rep. (Eng.) 289, 106 L. T. N. S. 741, 76 J. P. 251, [1912] W. N. 105, 5 B. W. C. C. 259. it might be, with more or less probability, A pilot who, after taking a ketch out of harbor, jumped into his boat from the ketch, 39 A workman who contracts pneumonia and in so doing upset the boat, and got so is a disease which follows exposure got into his eyes, and by rubbing them to a draught.48 So where a workman has an abrasion was caused which necessibeen injured, and a disease intervenes, tated the removal of the eye, and afretarding recovery or rendering it less fected the sight of the other.47 But complete, the increased incapacity is re- where a microbe from some source not ferrable to the accident.44 In a Scotch connected with the employment entered case it was held that pleurisy following the eye and set up inflammation, the a chill after a workman had become over- county court judge was justified in holdheated at his work was not an acci- ing that the employers were not liable dent.45 It seems impossible to reconcile to compensation for the resulting incathis case with those immediately pre- pacity, although the workman had preceding.46 viously got harmless dust into his eye, and by rubbing it had caused an abrasion rendering the action of the microbe more serious.47a It has been held by the House of Lords, sustaining the court of appeal, that an infection of a workman with anthrax while engaged in handling wool is an "accident." 48 could not be moved, and one leg a little shorter than the other, the county court judge erred in finding that the resulting incapacity was not caused by the accident, but by the scarlet fever. Brown v. Kent [1913] 3 K. B. (Eng.) 624, 82 L. J. K. B. N. S. 1039, 109 L. T. N. S. 293, 29 Times L. R. 702, [1913] W. N. 258, 6 B. W. C. C. 745. As to when death results from an injury so as to entitle dependents to recover compensation, although the death is not the probable consequence of the injury, see cases cited post, 133. A workman suffered injury by "accident," where bran dust containing grit wet up to the thighs, and contracted sciatica, was injured by accident. Barbeary v. Chugg (1915) 84 L. J. K. B. N. S. (Eng.) 504, 112 L. T. N. S. 797, 31 Times L. R. 153, [1914] W. C. & Ins. Rep. 174, 8 B. W. C. C. 37. The master of the rolls said that he did not intend to lend any countenance to an idea that because a pilot got wet in rough weather he had met with an accident within the meaning of the act, but that in the case at bar there was sufficient evidence to justify the finding of the county court judge that there was an accident. Inflammation of the kidneys, caused by being obliged to work in water for a fortnight, is injury by accident. Sheerin v. Clayton [1910] 2 I. R. 105, 44 Ir. Law Times, 23, 3 B. W. C. C. 583. In McLuckie v. Watson [1913] S. C. 975, 50 Scot. L. R. 770, 6 B. W. C. C. 850, where a miner contracted a chill and became in capacitated as the result of standing in the water for some thirty minutes, it was held that as the wetting was voluntarily in curred in an attempt to be among the first to reach the top of the shaft, it could not be said to be an accident arising out of the employment. 43 A miner who, because of a wreck in a shaft, was obliged to wait an hour and a half at the downcast shaft, which subjected him to a draught which gave him a chill, and subsequently died from pneumonia, suffers an accident, and his dependents are entitled to compensation. Coyle or Brown v. Watson [1915] A. C. (Eng.) 1, 111 L. T. N. S. 347, 30 Times L. R. 501, 58 Sol. Jo. 533, [1914] W. N. 195, 7 B. W. C. C. 257, 83 L. J. P. C. N. S. 307, [1914] W. C. & Ins. Rep. 228, reversing [1913] S. C. 593, 50 Scot. L. R. 415, [1913] W. C. & Ins. Rep. 223, 6 B. W. C. C. 416. 44 Where a workman was injured in such a way as to necessitate an operation, and, before he had recovered from the operation, was attacked by scarlet fever, which delayed the healing of the wound, and caused it to become unhealthy and suppurate, which necessitated a second operation, with the result that the knee joint was stiff and 45 A canvasser and collector of accounts who, in going up into a flat three flights of stairs up, overexerted himself and became sweated, with the result that he contracted a chill which developed into pleurisy and incapacitated him from work, did not suffer from accident. M'Millan v. Singer Sewing Mach. Co. [1913] S. C. 346, [1913] W. C. & Ins. Rep. 70, 50 Scot. L. R. 220, 6 B. W. C. C. 345, [1912] 2 Scot. L. T. 484. 46 The Lord President said: "Looking at this as a plain man, I think that nothing could be further removed from an accident than what happened in this case. All that the claimant can say is that in the course of his ordinary work he got overheated,— he got, as he puts it, sweated, and that when he got home he felt that he had contracted a chill, and afterwards found that he was suffering from pleurisy. I must say that until I am compelled to say so by a higher tribunal, I shall never admit that such a thing as this is an accident." Ibid. 47 Adams v. Thompson (1911) 5 B. W. C. C. (Eng.) 19. 47a Bellamy v. Humphries [1913] W. C. & Ins. Rep. (Eng.) 169, 6 B. W. C. C. 53. 48 Brintons v. Turvey [1905] A. C. (Eng.) 230, 74 L. J. K. B. N. S. 475, 53 Week. Rep. 641, 92 L. T. N. S. 578, 21 Times L. R. 444, 2 Ann. Cas. 137, affirming [1904] 1 K. B. (Eng.) 328, 73 L. J. K. B. N. S. 158, 68 J. P. 193, 52 Week. Rep. 195, 89 L. T. N. S. 690, 20 Times L. R. 129. This case was decided before the enactment of the 3d schedule of the act of 1906, which relates to industrial diseases. It will be noted that the disease, anthrax, is expressly included in that schedule. The reasoning of the various judges in the court of appeal and in the House of Lords sus |