Ferris v. City of Eastport

• Decision Date: 27 October 1923
• Citation: 122 A. 410
• Parties: FERRIS v. CITY OF EASTPORT et al.
• Court: Maine Supreme Court

122 A. 410

FERRIS

v. CITY OF EASTPORT et al.

Supreme Judicial Court of Maine.

Oct. 27, 1923.

Appeal from Supreme Judicial Court, Washington County, in Equity.

Proceeding under the Workmen's Compensation Act by John A. Ferris, for compensation for injuries, opposed by City of East-port, employer, and the Ætna life Insurance Company, insurer. A decision of the chairman of the Industrial Accident Commission, granting an award, was affirmed from which an appeal is prosecuted. Appeal sustained, and decree reversed.

Argued before CORNISH, C. J., and HANSON, DUNN, MORRILL, and DEASY, JJ.

Andrews, Nelson & Gardiner, of Augusta, for respondents.

HANSON, J. This is an appeal from the decree of a single justice affirming the decision of the chairman of the Industrial Accident Commission. A statement of the case is taken from the following finding of facts by the chairman of the Commission:

On November 27, 1921, the petitioner, John A. Ferris, was a member of the Eastport volunteer fire department. As a fireman he was paid an annual salary of $25 per year. His duties as fireman required him to respond to all calls for fires within the East-port city limits, regardless of the hour of the day or night. His regular occupation was clerk in a furniture store in Eastport, at which he earned a salary of $18 per week for six days' work. Besides his work in the furniture store, he often assisted in undertaking work, which often required his services nights and Sundays, and for which he received extra pay.

On the evening of November 27, 1921, Ferris responded to a fire alarm call about 10 o'clock. The Episcopal church of East-port was on fire. A part of his duties at the fire that evening required him to climb a ladder which had been placed against one side of the church. While he was climbing the ladder, a quantity of snow, which had been lying above him on the roof of the church, and which had become saturated with water sprayed on the roof by the firemen, suddenly became loosened and came off the roof. As this snow descended it struck Mr. Ferris as he was ascending the ladder, and thoroughly drenched him. Mr. Ferris was at once excused from duty, and went home and changed his clothing, and again returned to the fire, where he worked for an hour or two longer. After he returned the second time, his clothing became wet again from the spray and water being thrown on the fire by the firemen. The next day Mr. Ferris engaged in his regular work at the store but "felt mean." On the 30th of November he was obliged to give up working and go home, and on December 1st had developed a severe attack of pneumonia. As a result of his sickness he was incapacitated for all work for a period of several weeks.

There is no dispute about the foregoing facts. The only question raised in the case is whether or not the attack of pneumonia from which Mr. Ferris suffered was the result of an accident arising out of and in the course of his employment as a fireman, on November 27 and 28, 1921. We think it was, and that Mr. Ferris is entitled to compensation therefor.

In the first instance it will be seen the chairman found that "the attack of pneumonia from which Mr. Ferris suffered was the result of an accident arising out of and in the course of his employment as a fireman, on November 27 and 28, 1921." In...