Terre Haute Malleable & Mfg. Co. v. Wehrle

• Decision Date: 18 November 1921
• Docket Number: No. 11183.,11183.
• Citation: 132 N.E. 698,76 Ind.App. 656
• Court: Indiana Appellate Court
• Parties: TERRE HAUTE MALLEABLE & MFG. CO. v. WEHRLE.

76 Ind.App. 656

132 N.E. 698

TERRE HAUTE MALLEABLE & MFG. CO.

v.WEHRLE.

No. 11183.

Appellate Court of Indiana, Division No. 2.

Nov. 18, 1921.

Appeal from Industrial Board.

Proceedings under the Workmen's Compensation Law (Laws 1915, c. 106) by William Wehrle. Compensation for injury opposed by the Terre Haute Malleable & Manufacturing Company, employer. From award of Industrial Board for employé, the employer appeals. Affirmed.

Frederick K. Warne and Joseph W. Hutchinson, both of Indianapolis, for appellant.

DAUSMAN, J.

Two contentions are presented by the appellant, viz.: (1) That there is no evidence to support the finding that the employé received “a personal injury by an accident”; and (2) that the employer had personal knowledge of the injury at the time the injury was received.

The first contention is based on the proposition that to bring a case within the statute two separate and distinct things must exist, viz. an accident and an injury; the accident being the cause and the injury the result. Counsel insist that these two things must not be confused. The record discloses that the injury for which compensation was allowed is inguinal hernia. The workman's testimony, which stands uncontradicted, discloses the nature of his work and the manner in which it was performed, and the cause of his injury. He testified as follows:

“My job was to see that the cores were sent out to the molders and to carry them from the bench in the core room out to the rack in the stock room. Some cores are light and some are awful heavy. I should judge some weigh as high as 90 pounds. Some cores are on a board. There is a core that weighs 30 pounds on a board, and there is a core that weighs from 60 to 72 pounds on a board. I was lifting those boards when I was injured. I had to take them off the rack, lift them up, raise them across, get the board, and raise it up and put in on the truck. Sometimes I would put four or six boards on the truck, wheel them out to the storeroom, and then put them in their places. Some went in racks and some on the floor. In lifting them off the truck I had to let the board go down on the ground, then straddle out and lift them up easy, so as not to shake the board. When I was lifting those heavy cores I felt something go wrong. I had an awful pain in the right groin.”

[1] When taken literally, the statute seems to sustain counsel's contention. Literally it seems to indicate that there must be an accident external to the...