134 Minn. 324 | Minn. | 1916
Kasper Schell, an employee of relator, met with death in the course of his employment in relator’s brewery. Proceeding was instituted to enforce liability under the Workmen’s Compensation Act in favor of his mother and father. Two principal questions arise:
First, was the death of deceased caused by accident?
Second, if so, were his parents partially dependent upon him?
The burden of proof is upon claimants as to both propositions.
We are furnished with no evidence as to the amount of electric current which will cause death, nor as to the voltage which, under the conditions here found, would cause a current sufficient to cause a death dealing bolt to pass through a human body. A doctor was called to attend deceased, but the court has not been supplied with the information which he could have furnished. In these respects the evidence is unsatisfactory. Still there are some things strongly suggestive of accidental death. Boys of 17 do not often drop dead from natural causes. This boy was handling instrumentalities charged with electricity. Electric shock is a familiar cause of death. Some of the conditions found here, such, for example as the wet cement floor, were quite conducive to the passage of electric current. Deceased must have been stricken at the moment he came in contact with the electric wire or socket. In view of the age and previous health of deceased, the manner in which he was engaged, and the manner of his death, we think there was sufficient evidence to sustain a finding that deceased did not die a natural death, but that he did die from accidental or external cause.
Ordinarily, where a party makes an admission upon the witness stand, and it is not in any manner qualified, his adversary may with confidence rest his case upon it. Such admissions are styled by Mr. Chamberlayne “informal judicial admissions.” 2 Chamberlayne, Evidence, § 1286. Where, however, the admission is qualified, or is inconsistent with other testimony of the same party, it is still evidence against him, but not conclusive. This is particularly true where the admission is based on esti
So ordered.