McDonald'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, that Alice A. McDonald, the widow of James McDonald, the deceased employee, was living with him at the time of his death and accordingly was conclusively presumed to have been wholly dependent upon him for support, and also that she was in fact wholly dependent for support upon the employee, and also that the five minor…
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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, that Alice A. McDonald, the widow of James McDonald, the deceased employee, was living with him at the time of his death and accordingly was conclusively presumed to have been wholly dependent upon him for support, and also that she was in fact wholly dependent for support upon the employee, and also that the five minor children of the employee under eighteen years of age were in fact wholly dependent for support upon the earnings of the…
1Opinion of the CourtRugg, C. J.
The deceased received mortal injury in the course of and arising out of his employment by a subscriber under the workmen’s compensation act. St. 1911, c. 751.
His dependents, although aliens, are subjects of a friendly foreign nation and are not excluded from the benefits of the act. Derinza’s Case, ante, 435.
The first point to be decided is whether the finding of the Industrial Accident Board that the wife of the deceased was living with him at the time of his death can be supported. The facts are that the deceased had a wife and five minor children, who lived in a house built by the husband…
2Cases cited13 opinions
- Northwestern Iron Co. v. Indusrrial CommissionWisconsin Supreme Court · 1913
- Gorski's CaseMassachusetts Supreme Judicial Court · 1917
- Nelson's CaseMassachusetts Supreme Judicial Court · 1914
- Newman's CaseMassachusetts Supreme Judicial Court · 1916
- Fierro's CaseMassachusetts Supreme Judicial Court · 1916
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bethlehem-Fairfield Shipyard, Inc. v. RosenthalCourt of Appeals of Maryland · 1945
- Ward's CaseMassachusetts Supreme Judicial Court · 1934
- Harrington's CaseMassachusetts Supreme Judicial Court · 1937
- Breakey's CaseMassachusetts Supreme Judicial Court · 1920
- Winfrey v. Massachusetts Bonding Ins. Co.Louisiana Court of Appeal · 1944
1 more not listed; retrieve them via the Exa API.