Baltimore & O.R. Co. v. Brooks
Decision Date | 08 January 1930 |
Docket Number | 43. |
Parties | BALTIMORE & O. R. CO. v. BROOKS. |
Court | Maryland Court of Appeals |
Appeal from Baltimore City Court; Robert F. Stanton, Judge.
Proceeding under the Workmen's Compensation Act by Lilly Brooks formerly Lilly Zake, claimant, against the Baltimore & Ohio Railroad Company, employer. From a judgment of the Baltimore city court, reversing a decision of the Industrial Accident Commission, disallowing claim for compensation, the employer appeals. Reversed, without new trial.
Argued before BOND, C.J., and PATTISON, URNER, ADKINS, OFFUTT DIGGES, and PARKE, JJ.
Duncan K. Brent, of Baltimore (Allen S. Bowie and W. Irvine Cross both of Baltimore, on the brief), for appellant.
Daniel S. Sullivan, of Baltimore (Walter I. Wells and Robert C McKee, both of Baltimore, on the brief), for appellee.
On September 17, 1925, the appellee, Lilly Brooks, then Lilly Zake, widow of Arthur Zake, filed her claim for compensation with the State Industrial Accident Commission on account of the death of her husband, who died on the 18th day of September, 1924. In her claim so made she alleged that Arthur Zake, a machinist, died "as a result of injuries sustained on the 7th day of March, 1923, in the employ of the Baltimore & Ohio Railroad Company," the appellant.
Upon the request of the appellee, a hearing was had on May 17, 1926, before the commission to determine the following issues: First. "The deceased, Arthur Zake, committed suicide." Second. "The death of said Zake did not result from accidental personal injuries sustained by the said Zake, arising out of and in the course of his employment." The commission found for the appellant on both issues and disallowed the claim of compensation. An appeal was thereupon taken to the Baltimore city court, where the case was heard and determined by a jury; the issues there being the same as those heard and decided by the commission--that is, first, did the deceased Arthur Zake commit suicide? and, second, did the death of said Zake result from accidental personal injuries sustained by him arising out of and in the course of his employment? The answer of the jury to each of these issues was "Yes," thereby reversing the decision of the State Industrial Accident Commission. Upon the verdict so rendered, a judgment was entered in favor of the claimant for costs. It is from that judgment that the appeal in this case was taken.
In the trial of the case, eight exceptions were taken to the rulings of the court. Seven of these exceptions were upon the admission of testimony and the other upon the prayers. The evidence discloses that Zake was hurt on March 7, 1923. After the accident he was carried to the office of a physician, where he was examined, and from there he was taken to his home, where he remained until March 12, 1923, when he went to the hospital. There he remained for some weeks and returned to his home, but visited the hospital at intervals for examination until August, 1923, when he returned to his work, and thereafter continued to work until April, 1924, when it is claimed he was no longer able to work. In May, thereafter, it was said by his physician, Dr. Nitsch, that he was suffering with tuberculosis of the lungs, also had some mental derangement. Upon the advice of his said physician, he was sent to his father's, in the mountains of Pennsylvania, that his condition might be improved. It was while at the home of his father that he, in June thereafter, shot and killed himself.
The main contention of the appellant is upon the court's refusal, in the sixth exception, to strike out certain testimony of Dr. Freedom, an expert witness, who was allowed to state, from all the evidence then offered, that in his opinion the insanity of Zake resulted from the injury received by him, without which the appellant's second prayer, as claimed, should have been granted, asking that the jury be instructed that there was no evidence legally sufficient to show that the insanity of Arthur Zake resulted from accidental personal injuries arising out of and in the course of his employment.
The appellee's witness, Dr. Freedom, was asked: "What, in your opinion, and basing that opinion on the testimony and evidence given in this case, which you say you have heard, was the probable and proximate cause of the insanity from which Arthur Zake was suffering, according to your opinion, at the time he took his own life?" This question was objected to, but the witness was allowed to answer it. In his answer he said:
To this action of the court in allowing this question to be asked and answered the defendant excepted, and, the objection being overruled, an exception was noted, which ruling forms the second exception.
He was then asked: This question was objected to, but the witness was allowed to answer it, saying: "Yes, sir." To this action of the court in allowing the question to be asked and answered, the third exception was taken.
In the course of Dr. Freedom's cross-examination he was asked:
When asked to explain his answer, he went to the blackboard and attempted to illustrate what he meant, and at the conclusion of his answer he said to the counsel for the defendant "Does that answer it?" and was told by him it did not. Whereupon the witness was asked: ...
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