Callahan v. William Schollhorn Co.

• Decision Date: 06 June 1927
• Citation: 106 Conn. 211,137 A. 642
• Court: Connecticut Supreme Court
• Parties: CALLAHAN v. WILLIAM SCHOLLHORN CO. ET AL.

137 A. 642

106 Conn. 211

CALLAHAN v. WILLIAM SCHOLLHORN CO. ET AL.

Supreme Court of Errors of Connecticut.

June 6, 1927

Appeal from Superior Court, New Haven County; Isaac Wolfe, Judge.

Proceeding under the Workmen's Compensation Act by Julia Callahan claimant, for the death of her husband, opposed by the William Schollhorn Company and others. From a finding and award of the compensation commissioner for the third district in favor of the plaintiff, defendants appealed to the superior court, which affirmed the award, and the defendants appeal. Error. Case remanded, with direction to sustain the appeal and return the case to the commissioner for further action in accordance with opinion.

Saul P. Waskowitz, of Hartford, for appellants.

Walter J. Walsh, of New Haven, for appellee.

Argued before WHEELER, C.J., and MALTBIE, HAINES, HINMAN, and BANKS JJ.

MALTBIE, J.

The commissioner has found the following facts: During the first week of May the deceased, while lifting an iron weight in the course of his employment in the respondents' factory complained of a pain in his back. That night he told his wife that he had been hurt in the factory, saying that he had a peculiar feeling in his back. On examination a lump was discovered in the inguinal region, which was treated by the use of a mustard plaster and a hot-water bottle. He returned to work the next day, and continued working about a week when he again complained of pain in his back while helping a fellow employee to lift a heavy box, saying he had been hurt the week before and was now hurt again. He continued to work during the day, but complained of pain and had to have help in taking off his overalls at noon, as he could not bend. He consulted a doctor, who found that he had a hernia and advised an operation. This was performed on May 21st. The hernia was a complete inguinal hernia, with a sac that went down into the scrotum. The deceased died on May 30th of pneumonia caused by the administration of ether at the time of the operation. The commissioner reached the conclusion that the hernia was due to a strain suffered while lifting the iron, and awarded compensation.

The finding of the commissioner is barren of any other facts than those stated, from which he could reach the conclusion that the hernia was due to the strain, and particularly of any findings as to the immediate physical result which would be produced by a hernia such as that from which the claimant was suffering or of medical testimony tending to connect the hernia with the strain from the lifting. In this respect the finding is open to the criticism we made of that before us in Louth v. G. & O. Mfg. Co., 104 Conn. 459, 133 A. 664. The respondents sought to have several paragraphs added to the finding which state facts of this nature which they claim to have proved, and, the commissioner and the trial court having refused to make the additions, the respondents have brought all the testimony into the record to support their contention. From an examination of it we find that the only medical testimony introduced by the claimant was that of the doctor whom the deceased first consulted and the surgeon who performed the operation; that they described the nature of the hernia and the operation performed; but that neither of them gave any testimony tending to show that the complaints made by the deceased were indicative of a hernia then suffered, or describing the...