Cottingham v. General Material Co.

• Decision Date: 07 June 1932
• Docket Number: No. 21921.,21921.
• Citation: 50 S.W.2d 661
• Parties: COTTINGHAM v. GENERAL MATERIAL CO. et al.
• Court: Missouri Court of Appeals

50 S.W.2d 661

COTTINGHAM v. GENERAL MATERIAL CO. et al.

No. 21921.

St. Louis Court of Appeals. Missouri.

June 7, 1932.

Rehearing Denied June 21, 1932.

Appeal from St. Louis Circuit Court; H. A. Rosskopf, Judge.

"Not to be officially published."

Proceeding under the Workmen's Compensation Act by Ida May Cottingham, claimant, for the death of Charles Cottingham, deceased employee, opposed by the General Material Company, employer, and T. H. Mastin & Company insurer. From a judgment affirming an award of compensation, employer appeals.

Affirmed.

Fordyce, Holliday & White and Paul S. Schmid, all of St. Louis, for appellant.

Wm. D. McCarthy, J. L. Wren, and Joseph J. Cooney, all of St. Louis, for respondent.

NIPPER, J.

This is an appeal by the employer from the judgment of the circuit court affirming a final award of the Missouri Workmen's Compensation Commission, in favor of the dependent widow and minor children of the deceased employee.

It was stipulated and agreed that Charles Cottingham, deceased, on or about August 11, 1930, while in the employ of the General Material Company, sustained an accidental injury arising out of and in the course of his employment. He died on August 30th following.

The sole question raised by appellant is whether or not the death of the employee was the result of the injuries he sustained.

The evidence shows that deceased was a healthy man, twenty-six years of age, and had not had a doctor during the seven years of his married life. On August 11, 1930, about 10 in the morning, a truck of the General Material Company, which contained concrete, and driven by the deceased, overturned. The contents of the truck were spilled, and deceased was lying on the side.

Witness Donovan testified that he helped take deceased out from underneath the truck, after which he was taken to the hospital in a semiconscious condition. His wife arrived at St. Luke's Hospital about 12 or 12:30, and she said that the first thing he knew was about an hour after she got there. He complained of injuries to his head, chest, hips, hand, and gasoline burns, and indicated that it hurt him through the stomach. He remained in the hospital three days. No X-ray pictures were taken. It appears that deceased was worried about the expense of the hospital and how he would be taken care of. On August 13th following, he was discharged, but under protest. Dr. Dixon was in charge of the case at the hospital.

The evidence discloses that he would vomit, and had a headache. He was taken to the City Hospital on August 21st following, where he remained until August 30th, at which time he died.

The cause of death as reported was amoebic abscess of the liver ruptured and pneumonia.

One doctor testified, in answer to a hypothetical question, that the abscess and ruptured condition of the liver could have been caused by the accident suffered on August 11, 1930, and that the pneumonia could have been a result of the burned skin and weakened vitality of the body caused from an original...