Merritt v. American Stevedores, Inc.

Flanagan, C. P. J.

On July 11th, 1936, at nine-thirty A. m., Leonard Merritt died as a result of sunstroke received on the previous day while working for the respondent.

The petition is filed by his mother, Ellen Merritt, a partial dependent. The commissioner found in her favor and the appeal is by the employer, the American Stevedores, Incorporated, from his findings and award.

Leonard Merritt, a robust man of twenty-seven years, was a longshoreman, a member of a so-called “gang” of longshoremen, who were selected and gathered together by one Smith. Respondents are stevedores. The “Smith gang”…