O'Toole'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 compensation upon the claim, as a dependent, of Bridget O’Toole, the widow of Patrick J. O’Toole, late of Boston, who was injured when in the employ of the city of Boston on August 4, 1915, and died as the result of the injury, the claim being made under St. 1913, c. 807, accepted by the city of Boston.
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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 compensation upon the claim, as a dependent, of Bridget O’Toole, the widow of Patrick J. O’Toole, late of Boston, who was injured when in the employ of the city of Boston on August 4, 1915, and died as the result of the injury, the claim being made under St. 1913, c. 807, accepted by the city of Boston. The case was heard by Jenney, J. The evidence reported is described in the opinion. The judge made a decree in accordance with…
1Opinion of the CourtCarroll, J.
There was evidence that the city of Boston hired a steam roller at $15 a day for work on its highways, the contractor who owned it furnishing “engineer, coal, wood and steam.” The employees of the city at different times helped the engineer, Gilbert Peloquin, roll up the curtains, put coal in the bunkers and fill the tank. Patrick J. O’Toole was employed by the city, in spreading cracked stone on the roads. The engineer testified that the only time this employee helped him around the roller was when he helped to roll up the curtains, though the employee “had ridden with him before on the…
2Cases cited2 opinions
- Sundine's CaseMassachusetts Supreme Judicial Court · 1914
- Savage's CaseMassachusetts Supreme Judicial Court · 1915
3Cited by18 opinions
- White v. E. T. Slattery Co.Massachusetts Supreme Judicial Court · 1920
- Rish v. Iowa Portland Cement Co.Supreme Court of Iowa · 1919
- Chapman's CaseMassachusetts Supreme Judicial Court · 1947
- Procaccino v. E. Horton & SonsSupreme Court of Connecticut · 1920
- Sichterman v. Kent Storage Co.Michigan Supreme Court · 1922
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