Legal Opinion

Fells's Case

Massachusetts Supreme Judicial Court

Decided March 13, 1917PublishedCited by 10 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 $282.10 and a certain weekly compensation to Manuel Fells, who was injured in December, 1914, when in the employ of the Estes Mills at Fall River. The case was heard by Fox, J. The facts found by the Industrial Accident Board and the material evidence reported by them are stated 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 $282.10 and a certain weekly compensation to Manuel Fells, who was injured in December, 1914, when in the employ of the Estes Mills at Fall River. The case was heard by Fox, J. The facts found by the Industrial Accident Board and the material evidence reported by them are stated in the opinion. The judge ordered that a decree be entered in accordance with the decision of the board. From the decree entered in pursuance of this…

1Opinion of the CourtCarroll, J.

The employee was injured, in the month of December, 1914, while helping Frank Martin, a “second hand,” to lift an iron shaft weighing about four hundred pounds. Although no written notice of the time, place and cause of the injury was given, Martin reported the accident to the foreman, and it could have been found that the employer had knowledge of the accident. See Murphy’s Case, ante, 60.

*382The employee worked three weeks after December 11, but from that time has been unable to work. No claim for compensation was made within six months after the occurrence of the injury as required by Part II,…

2Cases cited2 opinions

  1. Carroll's CaseMassachusetts Supreme Judicial Court · 1916
  2. McLean's CaseMassachusetts Supreme Judicial Court · 1916

3Cited by10 opinions

  1. Bates & Rogers Construction Co. v. AllenCourt of Appeals of Kentucky · 1919
  2. Bucuk v. Edward A. Zusi Brass FoundryNew Jersey Superior Court Appellate Division · 1958
  3. Page v. State Insurance FundIdaho Supreme Court · 1933
  4. Porter v. SpringMassachusetts Supreme Judicial Court · 1924
  5. Booth's CaseMassachusetts Supreme Judicial Court · 1935

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