City of Kendallville v. Twining

Dissenting Opinion

O’Malley, J.

With all due respect to the majority members of this court, I feel that in this particular case they are in error.

The compensation act is remedial, to compel industry to bear part of the loss occasioned by injury or death of persons it employs. Its further purpose is to lift some of the “loss-load” from the backs of the widows and dependent children of workmen who lose their lives while working at their job.

It seems that a liberal construction of the act is required if it is to approach the performance of the purpose and function intended by those who fostered…