McCarthy's Case
Massachusetts Supreme Judicial Court
Appeal to the Superior Court under the workmen’s compensation act from a decision of the Industrial Accident Board awarding compensation to John E. McCarthy for an injury received by him on August 2, 1917, when in the employ of the town of Danvers, which had accepted St. 1913, c. 807. The case first was heard by Chase, J., who made a decree in accordance with the decision of the Industrial Accident Board.
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Appeal to the Superior Court under the workmen’s compensation act from a decision of the Industrial Accident Board awarding compensation to John E. McCarthy for an injury received by him on August 2, 1917, when in the employ of the town of Danvers, which had accepted St. 1913, c. 807. The case first was heard by Chase, J., who made a decree in accordance with the decision of the Industrial Accident Board. This decree was reversed by a decision of this court reported in 230 Mass. 429, and the case was recommitted to the Industrial Accident Board to hear the parties on the question whether the…
1Opinion of the CourtDe Courcy, J.
The employee received a sunstroke while working for the town of Danvers in a sand or gravel pit on August 2, 1917. The Industrial Accident Board awarded him compensation, a decree in accordance with their decision was entered in the Superior Court, and the insurer appealed. This court, in May, 1918, reversed the decree, and ordered that the case be recommitted to the board “to hear the parties on the question whether the employee was at liberty to stop his work in time to protect himself from injury.” McCarthy’s Case, 230 Mass, 429.
Thereupon the parties submitted expert and other testimony,…
2Cases cited5 opinions
- State ex rel. Rau v. District CourtSupreme Court of Minnesota · 1917
- McManaman's CaseMassachusetts Supreme Judicial Court · 1916
- Kanscheit v. Garrett Laundry Co.Nebraska Supreme Court · 1917
- Mooradjian's CaseMassachusetts Supreme Judicial Court · 1918
- Claim of Hernon v. HolahanAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by9 opinions
- Cowan v. WatsonSupreme Court of Oklahoma · 1931
- Holmes's CaseMassachusetts Supreme Judicial Court · 1929
- Zucchi's CaseMassachusetts Supreme Judicial Court · 1941
- Nelson v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1943
- Shute's CaseMassachusetts Supreme Judicial Court · 1935
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