June 1, 1916.] 



THE INDIA RUBBER WORLD 



511 



John Wanamaker. Philadelphia 



Store. For clothing, includir 

 Roston Rubber Shoe Co., Maiden and Boston, Mass. An outlii 



of a hub with the word Hub on it. For rubber footwear ai 



combination of rubber, leather, etc. 

 D, Sabel, New York City. The words Red Top combined wi 



the representation of a red spinning top. For a tire punctu 



JUDICIAL DECISIONS. 



aling fluid, 

 ^verybody^'s Shoe Storje, Washingto 



_ . . The words Every 



Store. For shoes made of leather, rubber, etc. 

 Lee Tire & Rubber Co., Whitemarsh township, Montgomery 



county. Pa. Illustration of a gray tread tire having two red 



side bands. For rubber tires and casings. 

 United States Tire Co., New York City. Illustration of a tire 



with a white side wall stripe. For rubber tires. 

 T. Floyd, Savannah, Ga. Representation of a golf ball having an 



eye impressed thereon. For golf balls. 

 The Miller Rubber Co., Akron, Ohio. The word Watermelon. 



For toy balloons. 

 The Miller Rubber Co., Akron, Ohio. The term La-la-pa-loo:cr. 



For toy balloons. 

 The Miller Rubber Co., Akron. Ohio. The word Zip-elm. For 



toy balloons. 



THE DOMINION OF CANADA. 



The Hurlbut Co., Ltd., Preston. Ontario. The 



For rubber footwear, etc. 

 Mi-^ha\val;a Woolen Manufacturing Co., Misliawaka 



word I'oc. For rubber footwear, clotliing, blank* 

 The E. F. Goodrich Co.. New York City. Narrow , 



the upper portion of the rubber boot and shoe. . 



48 892. 

 48,904. 

 48.905. 

 48,906. 

 48.926. 

 48.932. 



DESIGNS. 



Rubber tire. O. P. Downing, Dallas, Tex. 



i. assignor to the Firestone Tire & 

 Ohio. 

 Elastic fabric. C. A. Lapworth. West Bridgewater, assignor to The 



Lapworth Webbing Co., Brockton — both in Massachusetts. 

 Elastic fabric. C. A. Lapworth, West Bridgewater. assignor to 



The Lapworth Webbing Co.. Brockton — both in Massachusetts. 

 Rubber tire. C. O. C. Lindrooth, Redfield, S. D., assignor to The 



Pharis Tire & Rubber Co., Newark, Ohio. 

 Elastic vehicle tire. A. L. Breitenstein, Akron, Ohio, assignor 



to The Rubber Products Co., Earberton. Ohio. 

 Rubber pad for boots and shoes. H. P. Fouque, New York City. 



CUSTOMS RULINGS. 



Mention was made last month of the customs' decision that 

 .small rubber balloons with advertisements printed upon them 

 were decided to be toys and duty appraised as such. A similar 

 case has since been decided when Florent Bauwens of St. Louis 

 imported a large number of these balloons upon which the 

 names of various city parks were stamped. He contended that 

 the entry should be allowed as india rubber manufactures calling 

 for a duty of 10 per cent, but the board of general appraisers 

 decided that they were subject to a duty of 35 per cent as toys 

 or their parts. 



As is well known, the audiphone is an instrument used by 

 partially deaf persons to aid their hearing. It consists of a fan- 

 shaped sheet of hard rubber attached to a suitable handle and 

 with a cord so placed as to draw the fan into the shape of a 

 sounding lx>ard. The collector claimed that these were fans and 

 dutiable at 50 per cent, but the board of appraisers has reversed 

 tliis ruling, being convinced that the article was not a fan in 

 the generally accepted sense of the word and should not be 

 classified as such. An entry was given at 25 per cent as manu- 

 factures of rubber. 



At the Boston Custoin House a protest was filed by Ashworth 

 Bros., Inc., when the government claimed that the chief value 

 in rubber-faced card cloth was the cotton in the fabric, and 

 assessed duty at 30 per cent. It was shown that rubber was the 

 component material of value, and the board accordingly admitted 

 the cloth at a duty of 10 per cent. 



.\ decision regarding raincoats is interesting. W. B. Hutchin- 

 son & Co., Seattle, Washington, claimed that as cotton wearing 

 apparel the duties should be 30 per cent, but the collector claimed 

 that they should be classified as wearing apparel composed 

 wholly or partly of wool and dutiable at 44 cents per pound and 

 60 per cent ad valorem, and this decision of the collector has 

 been affirmed. 



FEDMRAL RUBBER MFG. CO. V. HA\-OLIC— AXl) 

 OTHERS. 



Havolic worked for the plaintiff: his duties were to feed 

 stock into a tubing machine. In this department there was a 

 compressed air system with hose and nozzle. Employes were 

 forbidden to use the hose for cleaning their clothes. Havolic 

 knew of the prohibition, but one day disobeyed it. A fellow 

 workman took the hose from his hand and playfully prodded 

 Havolic with the nozzle, thereby injuring him so that he was 

 totally disabled for 17 weeks. He sued under the Workmen's 

 Compensation Act, and the case came before the Industrial Com- 

 mission of Wisconsin, which made an award in favor of the 

 claimant. The employer appealed to the Circuit Court. The 

 award was confirmed and appeal was taken before the Supreme 

 Court of Wisconsin, where the decisions were reversed, it being 

 held that the Workmen's Compensation Act of Wisconsin was 

 enacted to provide compensation for injuries sustained when 

 the causative danger is peculiar to the work, and that the work- 

 man is not entitled to compensation for injuries that do not 

 result from a causative danger of his emploj'ment. (156 North- 

 w-estern Reporter, 143). 



Aj.\-x-Grieb Rubber Co., v. Hubb.\rd. — The foriner brought 

 suit against the latter on a verified account of $586.04. Answer- 

 ing, the defendant pleaded in set-off a sum of $267.50, the value 

 of certain goods alleged to have been returned b}' him to the 

 plaintiff and, by cross-action, sought to recover other amounts 

 aggregating $750. He agreed that $376.12 of the plaintiff's claim 

 was just and asked for judgment in the sum $364.48, over and 

 above the amount due by him to the plaintiff. 



The trial court found for the plaintiflf in the sum of $115.54, 

 which was less than the amount claimed, and the plaintiff 

 appealed. 



There being no statement of facts or finding of facts in the 

 record of the case, the court of appeals held that it could not 

 determine that the judgment on the contested issues was erro- 

 neous, nor could it review errors in overruling special excep- 

 tions to the pleadings. 



The decision of the trial court must therefore be affirmed. 

 (Court of Appeals of Texas, 181 Southwestern Reporter, 568). 



In re Durney. In re Revere Rubber Co. In re American 

 MrTu.\L Li.xBiLiTv Insur.ance Co. — Durney, an employe of the 

 Revere Rubber Co., was injured on September 28, 1912. His 

 average weekly wages were $22. He was paid a maximum 

 compensation under the statute, until September 7, 1914. On 

 September 8, 1914, he returned to work, but was then partially 

 incapacitated, his weekly wages only amounting to $13.20. Had 

 there at the time been no business depression, these wages would 

 have amounted to $15 per week. Durney was awarded partial 

 compensation based on one-half the difference between his aver- 

 age weekly wages before the injury ($22), and his average 

 weekly wages since the injury ($13.20). The insurer, the Amer- 

 ican Mutual Liability Insurance Co., appealed, and the Supreme 

 Court of Massachusetts affirmed the award, holding, that under 

 the Workmen's Coinpensation Act, providing that in case of 

 partial incapacity the employe should be paid one-half the dif- 

 ference lietween his average weekly wages before his injury and 

 the average weekly wages he is able to earn thereafter, no deduc- 

 tion from wages earned before the injury should be made be- 

 cause of business depression. The award sliould be based on 

 difference between the wages the employe was actually earning 

 before the injury and the wages he is able to earn thereafter, 

 although if his wages are reduced because of a depression in the 

 business conditions, the amount of such reduction should be 

 ascertained and added to the wages the employe actually receives. 

 (Ill .Xorthwestern Reporter 166). 



