Fumiciello'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. At the hearing of the case in the Superior Court the report of the committee of arbitration stated the following facts: Rocco Fumiciello, the deceased employee, was employed by Lathrop and Shea, who were doing some contract work for the Boston and Albany Railroad Company near Middlefield.
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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. At the hearing of the case in the Superior Court the report of the committee of arbitration stated the following facts: Rocco Fumiciello, the deceased employee, was employed by Lathrop and Shea, who were doing some contract work for the Boston and Albany Railroad Company near Middlefield. He lived about one mile west of where he was employed, and it was necessary for him to pass over the tracks of the Boston and Albany Railroad Company to…
1Opinion of the CourtBbaley, J.
The undisputed material facts show that the deceased employee, while returning home at the close of the day’s work, entered upon a railroad track where he was struck by a train and killed. And the question for decision is whether the injury arose out of and in the course of his employment. St. 1911, c. 751, Part II, § 1.
It is plain that if, as the record states, it was necessary for him to pass over the railroad location, it formed no part of the employ*490ers’ plant; nor was it in any way connected therewith or in their control as was the common stairway used by employees in Sun-dines Case, 218…
2Cases cited2 opinions
- McNicol's CaseMassachusetts Supreme Judicial Court · 1913
- Sundine's CaseMassachusetts Supreme Judicial Court · 1914
3Cited by44 opinions
- Lumberman's Reciprocal Ass'n. v. BehnkenTexas Supreme Court · 1922
- American Indemnity Co. v. DinkinsCourt of Appeals of Texas · 1919
- Claim of Kowalek v. New York Consolidated RailroadNew York Court of Appeals · 1920
- Ocean Acc. Etc. Co. v. Industrial Acc. Com.California Supreme Court · 1916
- Kent v. Virginia-Carolina Chemical Co.Supreme Court of Virginia · 1925
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