followed as a natural incident of the work and to have been contemplated by a reasonable person familiar with the whole situation, as a result of the exposure occasioned by the nature of the employment, then it arises out of the employment." Reduced to simpler language this decision means that the industry must cause or contribute to the injury, and that injuries to which all persons are exposed independent of the employment, are excluded. The phrase "in the course of the employment" relates to the time and place and gives rise to much less difficulty. While the accident must happen during the period of the employment, the benefits of the act are not confined to the time during which the workman is actually doing manual labor. Accidents going to and from work are usually excluded but may be compensatable in exceptional cases such as where the only method of reaching the work is one especially provided by the employer1 and interruptions in the employment are usually covered. Employees are also under the protection of the act for a reasonable period of time subsequent to the day's work while they may be engaged in getting ready to leave the premises or arranging for the next day's work, and also for a reasonable period of time during which they may be entering or leaving the premises.2 In applying decisions which define injuries in other jurisdictions, a comparison of the statutes must always be made. The word "accidental" has been omitted from many of the American compensation statutes. In some states, compensation is based upon injuries in the course of the employment and in other states upon injuries arising out of and in the course of the employment. No state restricts the term "injury" more than in the New York Law. 1 Matter of Diciaiulo vs. H. S. Kerbauch, Inc., 1 N. Y. St. Dep. Rep. 424. Matter of Di Paolo vs. Crimins Contracting Co., State Industrial Com., The Bulletin, Vol. 1, No. 8, page 7; Aff., App. Div., Third Dept., May 2, 1916. (See cases cited under Section 8, subd. 7, Workmen's Compensation Law, Annotated.) (See also Part I, Sec. 18, Occupational Diseases.) § 5. Compensation and death benefits. The average weekly wage of the injured employee is the basis of compensation for injuries and the amount is twothirds of such wages. The maximum is $15 per week and the minimum is $5 per week, except that the maximum for the loss of a hand, arm, foot, leg or eye is $20 per week. Compensation for injuries which result in temporary total disability and which result in total permanent disability is payable during the continuance of the disability, except for the first two weeks. Certain specific injuries are enumerated for which compensation is payable for a fixed period of time. These include amputations and loss of members. Every injured workman is entitled to free medical attention for a period of sixty days after the injury. The death benefits include funeral expenses not exceeding $100 and a percentage of the average wages of the deceased workman which is payable only to the persons designated in Section 16 of the statute. These include surviving wife (or dependent husband), children under 18 years of age, grandchildren or brothers or sisters under the age of 18 years, parents and grandparents. Dependency is presumed as to the surviving wife and as to children under 18 years of age. The others named in the statute, to receive compensation, must establish that they were actually dependent upon the workman at the time of the accident. Dependency is a question of fact and any degree of dependency is sufficient to authorize an award.1 Parents may be dependent upon the earnings of a minor child," and in a case where the deceased left a father and mother and a sister under 18 years of age, all three were held to be dependents.3 Where the workman left a parent and grandparent who were dependent, both were held entitled to compensation.* (See Sec. 14, Post.) Matter of Rhyner vs. Huber Bldg. Co., 171 App. Div. 71; 156 N. Y. Supp. 903. Matter of Walz vs. Holbrook, Cabot & Rollins Corp., 170 App. Div. 6; 155 N. Y. Supp. 703. 'Matter of Friscia VS. Drake Brothers, 167 App. Div. 496; 153 Matter of Walz vs. Holbrook, Cabot & Rollins Corp., 170 App. Div. 6; 155 N. Y. Supp. 703. Matter of Ramsey vs. Fairbanks Morse & Co., 155 N. Y. Supp. 1136. (No opinion.) The surviving wife receives 30% of the average weekly wage during widowhood with two years' compensation in a lump in case of remarriage and 10% for each child. When there is no widow, the children receive 15% each, and this same percentage is received by dependent grandchildren, brothers and sisters. Dependent parents and grandparents received 15% of the average weekly wages until the law was amended in 1916 (to take effect June 1, 1916) at which time their compensation became increased to 25%. The total compensation payable under the section is limited to two-thirds of the wages of the deceased. The surviving wife (or dependent husband) and children have preference over other dependents and cases will arise where the remaining dependents would receive no benefits under the act. It is apparent also that many cases will arise in which the surviving dependent will be not of the class described in Section 16 of the act, such as a dependent child, brother or sister over the age of 18 years. § 6. Employees not within the act. It is apparent from the foregoing sections that the compensation law is limited in its application. When all provisions of the act are read together, particularly the definitions contained in Section 3, compensatable injuries may be defined as accidental injuries received by an employee while engaged in a hazardous employment carried on by his employer for pecuniary gain at the plant or away from the plant in the course of the employment, which arise out of and in the course of such employment, and such disease or infection as may naturally and uavoidably result therefrom, for which compensation or death benefits are provided. Many employments are expressly exempted and many are omitted. As to all of these, the liability existing at common law and under the old Employers Liability Act still remains. Other employments are partly covered by the compensation law and the employer may have a workman who is within the protection of the act part of the time and to whom he may be liable in a suit for damages at other times. The compensation provided is also limited and injuries may occur which are not compensatable and which subject the employer to damages. In case of death, where there are dependents other than of the class described in Section 16, the suit for damages still remains. In addition there remains the liability under the Federal statutes and under the jurisdiction of the Admiralty Courts. These forms of liability are treated more at length in Sections 7 to 24 which follow. They are discussed in Part II in connection with the State Insurance Fund and other forms of compensation insurance. Some employers are en § 7. Dual employments. gaged in more than one line of business and one branch of the business may be under the compensation act while as to another branch, the common law or the old Employers Liability Act still applies. In Sickles vs. Ballston Refrigerating Co. 156 N. Y. Supp. 864; 171 App. Div. 123, the employer conducted a storage business in Ballston, N. Y., and was, therefore, engaged in a hazardous employment because the business of "storage" is included in group 29 of Section 2. The employer was likewise engaged in the business of buying and selling fruit. The claimant was injured while in the latter business and the award of compensation was reversed by the Court. Meeting the claimant's contention in support of the award, the Court said: "But the difficulty is that the employer was engaged in two entirely distinct kinds of business, one of which was not within the protection of the statute and that the claimant was injured in performance of his duties, which at the time of the injury, solely had reference to that kind of business not thus protected. In another case, the employer was engaged in the manufacture of cheese, which comes within the provisions of group 33 relating to the preparation of food-stuffs. The injured workman was employed specially for the purpose of harvesting ice. An award was made upon the theory that the harvesting of the ice was incident to the business of preparing food-stuffs. This award was 3 reversed, the Court stating, "there is no suggestion in the statute that a common laborer engaged in harvesting ice is engaged in a hazardous occupation." The decision might have been different if a regular employee had been sent out to perform the same work, although that point was not decided.' So also the employee who makes deliveries of merchandise will be under the compensation law as to the driver of a vehicle' but not where the delivery is made on foot. Ice harvesting has since been added to the law as one of the hazardous employments. In another case, in which a wholesale dealer maintained a storehouse in connection with his business, the Appellate Division decided that storage as used in Group 29 means a place of storage where the goods of others are kept for hire. To meet this decision, Group 29 was amended in 1916 to include storage of all kinds. The amendment adds still more confusion to the law. A merchant who has a storehouse in connection with his business will have employees who are not subject to the Compensation Law while working about the business itself but will become subject to its provisions whenever they perform any work in connection with the place of storage. DUAL LIABILITY IN RELATION TO TRUCK DRIVERS. In the case, Matter of Dale vs. Saunders Brothers, employer, and the Standard Accident Insurance Co., insurance carrier, the Appellate Division of the Supreme Court, Third Department, in a decision handed down March 8, 1916, has decided that truck drivers may at times be regarded as the employee of the owner of the truck designated as the general employer and also an employee of another person, designated as a special employer, for whom the driver may be working for the time being. In this case Saunders Brothers were manufac |