Kinkead v. Holliston Mills

The petitioner, alleging the death of her husband was caused by accident arising out of and in the course of the employment, sued his employer for an award under the Compensation Act. The employer denied liability, averring1 that the employee’s death was not by accident arising out of the employment, but the result of a personal difficulty.

The employee, Benjamin H. Kinkead, was felled by a blow from the fist of Bill Sanders, a fellow employee. The fall upon the concrete pavement produced a skull fracture and resulting1 death. The trial judge found that death was caused by accident arising out…