Breakey's Case
Massachusetts Supreme Judicial Court
Appeal to the Superior Court from decisions of the Industrial Accident Board, awarding compensation as for partial dependency to the widow and also to the mother of Charles M. Breakey a deceased employee, affirming findings of a single member of the board. In the Superior Court, upon motion of the mother and by consent, the claims were consolidated and were heard together by Wait, J. Material findings and rulings of the Industrial Accident Board are described in the opinion.
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Appeal to the Superior Court from decisions of the Industrial Accident Board, awarding compensation as for partial dependency to the widow and also to the mother of Charles M. Breakey a deceased employee, affirming findings of a single member of the board. In the Superior Court, upon motion of the mother and by consent, the claims were consolidated and were heard together by Wait, J. Material findings and rulings of the Industrial Accident Board are described in the opinion. The judge ruled that the evidence required as matter of law a finding that the widow was living with her husband at the…
1Opinion of the CourtCarroll, J.
The employee was killed on May 20, 1918. At the time of his marriage on July 15, 1917, and until-his death, he lived with his mother on Moreland Street, Roxbury. His wife, both before and after marriage, lived on Dudley Street at the home of her mother. She was employed by the Thomas G. Plant Company earning $15 per week. Prom the time of the marriage the husband paid her $10 per week for her support and visited her twice a week, “usually stayed over night,” when they occupied the same room. The employee’s mother testified that he paid for the household supplies and also paid the house rent,…
2Cases cited3 opinions
- Nelson's CaseMassachusetts Supreme Judicial Court · 1914
- Newman's CaseMassachusetts Supreme Judicial Court · 1916
- McDonald's CaseMassachusetts Supreme Judicial Court · 1918
3Cited by3 opinions
- Gilson's CaseMassachusetts Supreme Judicial Court · 1926
- Harrington's CaseMassachusetts Supreme Judicial Court · 1937
- Legg's CaseMassachusetts Supreme Judicial Court · 1971