Blecatsis v. Manchester Gas Co.
| Decision Date | 27 December 1961 |
| Citation | 103 N.H. 542,176 A.2d 711 |
| Parties | Julia BLECATSIS v. MANCHESTER GAS COMPANY et al. |
| Court | New Hampshire Supreme Court |
Devine, Millimet & McDonough, Shane Devine, Manchester, for plaintiff.
Wyman, Bean & Tefft, Arthur E. Bean, Jr., Manchester, for defendants.
The single issue before us is whether the Court should have granted the defendants' motion to dismiss, and this depends upon the facts disclosed by the record.
It appears from the testimony that the decedent, who had previously enjoyed good health, became ill while at his work on Wednesday, December 4, and died on Saturday, the 7th. His job consisted of operating a hydra-hoe, which was a hydraulically-run machine for digging ditches, and he had been doing this work for about two weeks when he was taken ill. This machine moved jerkily and unsteadily, but without vibration, in the process of performing its function. His wife testified that while he was on this job, which had not been his regular task, he appeared tired and overworked. A fellow employee said that he 'could see where he would get nervous in running that machine.'
Shortly after he had eaten lunch on Wednesday, December 4, Mr. Blecatsis complained to his foreman:
He then went home, arriving at about 2 p. m., and told his wife that he did not feel good and that he thought he had either 'indigestion or a chest cold.' She testified he was coughing in an unusual manner. He said to her that he had felt dizzy and faint on the job.
He remained home the rest of that day, but on Thursday he drove out for a short time in his car. On Friday he complained of severe chest pains, but on Saturday morning he went out to collect rents, returning about noon, at which time he appeared pale and sick. His wife suggested that he lie down and he did so. Shortly thereafter, he fell off the bed and immediately died.
The death certificate introduced in evidence by the plaintiff stated the cause of death to be No physician treated Mr. Blecatsis during his illness and no medical testimony was before the Court, except that contained in the death certificate.
In order to sustain her case, it was necessary for the plaintiff here to adduce evidence that her husband's illness and death arose 'out of and in the course of [his] employment.' RSA 281:2, subd. III (supp); Walter v. Hagianis, 97 N.H. 314, 317, 87 A.2d 154. In short, it was incumbent upon her to establish a causal connection between his work and his sickness. Zwiercan v....
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