Pope v. Heywood Bros. & Wakefield Co.

The plaintiff’s intestate, while in the employ of the defendant as a machinist in its factory on October 11, 1912, suffered an injury from which he later died. The defendant was not a subscriber under the provisions of the St. of 1911, c. 751, and amendments thereto, commonly known as the workmen’s compensation act. The plaintiff had a verdict, and the case is before us on the refusal of the presiding judge * to rule that the plaintiff was not entitled to recover.

The employer not being a subscriber, the employee’s conduct in assuming the risk or in exercising care was not in controversy, and…