Legal Opinion

Mallory's Case

Massachusetts Supreme Judicial Court

Decided October 18, 1918PublishedCited by 8 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 awarding compensation to Mary A. Mallory, as the dependent widow of Edward G. Mallory, late of Worcester, an employee of the J. W. Bishop Company, a corporation conducting the business of a contractor and builder in Worcester, who received on April 17 or 18, 1917, the injury to his great toe described in the opinion,…

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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 awarding compensation to Mary A. Mallory, as the dependent widow of Edward G. Mallory, late of Worcester, an employee of the J. W. Bishop Company, a corporation conducting the business of a contractor and builder in Worcester, who received on April 17 or 18, 1917, the injury to his great toe described in the opinion, which was alleged to have caused his death from septicemia on April 21, 1917. The case was heard by Aiken, C. J. The…

1Opinion of the CourtBraley, J.

It is urged that the claim for compensation should be disallowed because it does not appear from the record that any notice of the injury had been given as required by St: 1911, c. 751, Part II, §§ 15,16. But it appears that a notice in writing as required by the statute was actually given to the insurer, the only possible error in which-was that the date of the accident was given as April 18 instead of April 17, and it is .unnecessary to consider the effect, if any, of any question of variance, for, the counsel for the insurer having expressly stated before the Industrial Ac*227cident Board that…

2Cases cited5 opinions

  1. Madden's CaseMassachusetts Supreme Judicial Court · 1916
  2. Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
  3. Herrick's CaseMassachusetts Supreme Judicial Court · 1914
  4. Crowley's CaseMassachusetts Supreme Judicial Court · 1916
  5. Cleveland v. WelshMassachusetts Supreme Judicial Court · 1808

3Cited by8 opinions

  1. Sciola's CaseMassachusetts Supreme Judicial Court · 1920
  2. Griffin's CaseMassachusetts Supreme Judicial Court · 1943
  3. Rich's CaseMassachusetts Supreme Judicial Court · 1938
  4. Amon's CaseMassachusetts Supreme Judicial Court · 1943
  5. Fennell's CaseMassachusetts Supreme Judicial Court · 1935

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