Columbian Enameling And Stamping Company v. Cramer

• Citation: 156 N.E. 467,86 Ind.App. 164
• Decision Date: 11 May 1927
• Docket Number: 12,873
• Parties: COLUMBIAN ENAMELING AND STAMPING COMPANY v. CRAMER
• Court: Court of Appeals of Indiana

156 N.E. 467

86 Ind.App. 164

COLUMBIAN ENAMELING AND STAMPING COMPANY v. CRAMER

No. 12,873

Court of Appeals of Indiana

May 11, 1927

From Industrial Board of Indiana.

Application by Laura W. Cramer for compensation under the Workmen's Compensation Act for the death of her husband, opposed by the Columbian Enameling and Stamping Company, employer. From an award granting compensation, the employer appeals.

Affirmed.

Beasley Douthitt, Crawford & Beasley, for appellant.

Charles Fox and Frank S. Rawley, for appellee.

THOMPSON J. Dausman, J., absent.

OPINION

THOMPSON, J.

Appellee filed a claim to recover compensation for the death of her husband, Jerry Cramer. She alleged in her application that her husband received injuries while in the employ of appellant, from which he died on May 30, 1925, that decedent, at the time of his death, was engaged as a trucker in appellant's factory, and, at the time of his injury, was engaged in filling a truck with a compound which caused his hands to become burned.

The Industrial Board found that on May 13, 1925, Jerry Cramer was in the employ of appellant at an average weekly wage in excess of $ 24; that on said date he suffered an injury from an accident arising out of and in the course of his employment, which injury resulted in his death from tetanus on May 30, 1925, and an award was rendered for 300 weeks' compensation at the rate of $ 13.20 per week during appellee's dependency, beginning May 30, 1925, and that appellant pay attorney fees.

Appellant earnestly contends that there is no evidence to sustain the award.

The evidence disclosed that Jerry Cramer had been employed in appellant's factory at Terre Haute, Indiana, performing services in that department called the "pickling room," which services involved the movement of enameled ware on trucks, the removal of cleansing compounds from barrels, and various other duties required by appellant. No one saw the decedent suffer any injury, and there was no one who could testify, from personal knowledge acquired at the time, concerning the place, time or manner of decedent's injury, if, in fact, the decedent had sustained any injury at appellant's plant. At the hearing, testimony was introduced, over appellant's objection, that various persons appearing as witnesses had heard the decedent declare, subsequent to the event, that he had burned his fingers while removing a cleansing compound from barrels at appellant's plant. Among those so testifying was the decedent's widow, who stated that her husband made complaint to her some time after his fingers were burned, and that he told her they were burned when he was removing a cleansing compound from barrels at appellant's plant. Decedent's son also testified that several days subsequent to the event his father stated to him that he had burned his fingers while working at appellant's factory. The nurse employed at the time in the factory testified that, two or three days following the alleged accident, the decedent told her that he had burned his fingers while handling the cleansing compound. This testimony of Mrs. Cramer, her son, and the nurse as to what they had heard the decedent say, was admitted over the objection of appellant.

The errors assigned are: (a) That the award is contrary to law; and (b) that the award is not sustained by sufficient evidence.

Appellant contends that there is no competent evidence in the record to prove that the decedent sustained injuries as alleged in the application and as a result of which he died. The rule against hearsay testimony has always prevailed in this state, and the testimony of Laura W. Cramer, widow of decedent, and her son Earl R. Cramer, as to statements made by decedent to them some time after the injury complained of, would not be competent evidence. Indiana Bell Tel. Co. v. Haufe (1924), 81 Ind.App. 660, 144 N.E. 844.

Carrin Hanna, a witness, testified as follows: "I am a graduate nurse, employed by appellant for the past nine years. My duties require me to give first aid to any accident cases regardless of whether they happened in the factory or at home, and to advise in sickness and to call on absent employees. Jerry Cramer reported to me for treatment May 15 1925. He stated that he had been mixing compound and burned his fingers. I dressed his fingers. I found that he had broken places on the fingers that looked as if they might have been burned, but were infected when he came to me. He came back the next day and I dressed them again. He came to me eight times, the last time May 23, 1925. I saw him afterward at his home three times, the last time May 29, 1925. I was told he died May 30, 1925. He said he did not come the day he received the burns." On cross-examination, she further testified: "I am the regular first aid nurse at the factory. All injured workmen come to me for treatment. I make a record of...