Legal Opinion

Herrick's Case

Massachusetts Supreme Judicial Court

Decided February 27, 1914PublishedCited by 32 opinions

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. The case was heard by Crocby, J., who made a decree that Caroline Herrick, a daughter of George Herrick, the deceased employee, was entitled to $4 a week for three hundred weeks from March 7, 1913, the date of the injury that caused his death. The insurer appealed.

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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. The case was heard by Crocby, J., who made a decree that Caroline Herrick, a daughter of George Herrick, the deceased employee, was entitled to $4 a week for three hundred weeks from March 7, 1913, the date of the injury that caused his death. The insurer appealed. The findings and decisions of the Industrial Accident Board contained the following: Caroline Herrick, a daughter of the deceased, testified before the Industrial Accident…

1Opinion of the CourtSheldon, J.

Under the provisions of St. 1911, c. 751, Part II, § 7, the question whether Caroline Herrick was dependent wholly, partly, or at all, upon her deceased father for support, was a question of fact. There are many decisions to this effect in analogous cases. Houlihan v. Connecticut River Railroad, 164 Mass. 555. American Legion of Honor v. Perry, 140 Mass. 580, 590. McCarthy v. New England Order of Protection, 153 Mass. 314. Daly v. New Jersey Steel & Iron Co. 155 Mass. 1, 5. Mulhall v. Fallon, 176 Mass. 266. Welch v. New York, New Haven, & Hartford Railroad, 176 Mass. 393, 401. Boyle v.…

2Cases cited12 opinions

  1. Pigeon's CaseMassachusetts Supreme Judicial Court · 1913
  2. Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
  3. Boyle v. Columbian Fire Proofing Co.Massachusetts Supreme Judicial Court · 1902
  4. Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
  5. McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891

7 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Powers v. Hotel Bond Co.Supreme Court of Connecticut · 1915
  2. Burns's CaseMassachusetts Supreme Judicial Court · 1914
  3. Great Western Power Co. v. PillsburyCalifornia Supreme Court · 1915
  4. Morgan v. LalumiereMassachusetts Appeals Court · 1986
  5. Roney's CaseMassachusetts Supreme Judicial Court · 1944

27 more not listed; retrieve them via the Exa API.

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