Legal Opinion

Duffy's Case

Massachusetts Supreme Judicial Court

Decided February 28, 1917PublishedCited by 11 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 to Michael Duffy specific compensation at the rate of $10 per week for a period of fifty weeks on account of the loss of vision in his left eye; and total incapacity compensation at the weekly rate of $10 per week dating from March 10,1916, for a period of four hundred weeks, the claim and the award having been…

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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 to Michael Duffy specific compensation at the rate of $10 per week for a period of fifty weeks on account of the loss of vision in his left eye; and total incapacity compensation at the weekly rate of $10 per week dating from March 10,1916, for a period of four hundred weeks, the claim and the award having been made against the town of Brookline under St. 1913, c. 807. In the Superior Court the case was heard by Jenney, J. The…

1Opinion of the CourtPierce, J.

The finding of the Industrial Accident Board, that Michael Duffy was an employee of the town of Brookline at the time of his injury, is not controverted; that he was injured, is supported by his uncontradicted testimony that, while he was engaged in loading ashes, “he and Hart threw the barrel as high as they possibly could, but the teamster did not happen to catch hold *134as he did the other barrels, so the barrel slipped down kind of sudden and came almost to the ground before they could steady it, but it did not strike him because they had their hands on it. The barrel was to the left of him…

2Cases cited5 opinions

  1. Von Ette's CaseMassachusetts Supreme Judicial Court · 1916
  2. Branconnier's CaseMassachusetts Supreme Judicial Court · 1916
  3. Herrick's CaseMassachusetts Supreme Judicial Court · 1914
  4. Nickerson's CaseMassachusetts Supreme Judicial Court · 1914
  5. Kenney's CaseMassachusetts Supreme Judicial Court · 1916

3Cited by11 opinions

  1. Crowley's CaseMassachusetts Supreme Judicial Court · 1934
  2. Williams Manufacturing Co. v. WalkerSupreme Court of Arkansas · 1943
  3. Hines v. Norwalk Lock Co.Supreme Court of Connecticut · 1924
  4. Maryland Casualty Co. v. RobinsonSupreme Court of Virginia · 1928
  5. Wheaton's CaseMassachusetts Supreme Judicial Court · 1941

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