King v. Viscoloid Co.
Massachusetts Supreme Judicial Court
Tout by the mother and surviving parent of Alfred Richard, a boy sixteen years of age, who sustained personal injuries on July 3, 1913, when he was in the employ of the defendant, by reason of being put at work without warning or instruction upon a dangerous machine in the defendant’s factory, to recover for medical and other expenses incurred by the plaintiff in nursing and caring for her son and for the loss of his services during a certain period of time.
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Tout by the mother and surviving parent of Alfred Richard, a boy sixteen years of age, who sustained personal injuries on July 3, 1913, when he was in the employ of the defendant, by reason of being put at work without warning or instruction upon a dangerous machine in the defendant’s factory, to recover for medical and other expenses incurred by the plaintiff in nursing and caring for her son and for the loss of his services during a certain period of time. Writ dated August 14, 1913. In the Superior Court the case was submitted to Hall, J., without a jury, upon an agreed statement of facts.…
1Opinion of the CourtSheldon, J.
The defendant concedes that upon the agreed facts and the inferences to be drawn therefrom the plaintiff had a good cause of action, and is entitled to recover for the loss caused to herself by the injury to her son, unless her right of action is barred by the provisions of the workmen’s compensation act, St. 1911, c. 751.
It was undoubtedly the intention of the Legislature by that statute to take away from employees who should become subject to its provisions all other remedies that they had against their employers for injuries happening in the course of their employment and arising…
2Cases cited11 opinions
- Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
- District Township of Dubuque v. City of DubuqueSupreme Court of Iowa · 1858
- Cripps's CaseMassachusetts Supreme Judicial Court · 1914
- Sanger v. BourkeMassachusetts Supreme Judicial Court · 1911
- Kunkalman v. GibsonIndiana Supreme Court · 1908
6 more not listed; retrieve them via the Exa API.
3Cited by131 opinions
- Manning v. Boston Medical Center Corp.Court of Appeals for the First Circuit · 2013
- Ferriter v. Daniel O'Connell's Sons, Inc.Massachusetts Supreme Judicial Court · 1980
- Duracraft Corp. v. Holmes Products Corp.Massachusetts Supreme Judicial Court · 1998
- Brown v. Transcon LinesOregon Supreme Court · 1978
- Sterilite Corp. v. Continental Casualty Co.Massachusetts Supreme Judicial Court · 1986
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