McAllister's Case
Massachusetts Supreme Judicial Court
Appeal to the Superior Court under St. 1911, c. 751, Part III, § 11, as amended by St. 1912, c. 571, § 14, from a decision of the Industrial Accident Board awarding to Frank S. McAllister of Boston, who was alleged to be an employee of the Jordan Marsh Company, a corporation, compensation for an injury sustained by him on September 20, 1916, arising out of and in the course of his employment.
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Appeal to the Superior Court under St. 1911, c. 751, Part III, § 11, as amended by St. 1912, c. 571, § 14, from a decision of the Industrial Accident Board awarding to Frank S. McAllister of Boston, who was alleged to be an employee of the Jordan Marsh Company, a corporation, compensation for an injury sustained by him on September 20, 1916, arising out of and in the course of his employment. The case was heard by Brown, J. The evidence reported by the arbitration committee and the testimony of the alleged employee before the Industrial Accident Board are described in the opinion. The judge…
1Opinion of the CourtBraley, J.
The injury complained of was caused by a fall from a step-ladder while the claimant was at work in the store of Jordan Marsh Company, a subscriber, hanging paper by direction of the foreman. The insurer contends that the claimant was an independent contractor within the meaning of St. 1911, c. 751, Part III, § 17, which confers on the employees of a contractor who has engaged “to do such subscriber’s work,” the same right to compensation as if they had been immediately employed by the subscriber, but makes no provision for the contractor where he performs the work himself. The question for…
2Cases cited8 opinions
- Driscoll v. TowleMassachusetts Supreme Judicial Court · 1902
- Carnig v. CarrMassachusetts Supreme Judicial Court · 1897
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Morgan v. SmithMassachusetts Supreme Judicial Court · 1893
- Samuelian v. American Tool & Machine Co.Massachusetts Supreme Judicial Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Khoury v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1928
- McDermott's CaseMassachusetts Supreme Judicial Court · 1933
- Kelley's Dependents v. Hoosac Lumber Co.Supreme Court of Vermont · 1921
- Chisholm's CaseMassachusetts Supreme Judicial Court · 1921
- Marsh v. BeraldiMassachusetts Supreme Judicial Court · 1927
13 more not listed; retrieve them via the Exa API.