Burns's Case
Massachusetts Supreme Judicial Court
Appeal .from a decree of 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. The case was heard by Crosby, J. The material facts found by the Industrial Accident Board are stated in the opinion, where also are stated the questions of law raised by Bridget Burns, the executrix of the will of the deceased employee and his dependent widow, and by the insurer.
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Appeal .from a decree of 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. The case was heard by Crosby, J. The material facts found by the Industrial Accident Board are stated in the opinion, where also are stated the questions of law raised by Bridget Burns, the executrix of the will of the deceased employee and his dependent widow, and by the insurer. The judge made a decree, reciting that it appeared by the decision of the Industrial Accident Board that the deceased employee received a…
1Opinion of the CourtSheldon, J.
1. Under the provisions of St. 1911, c. 751, Part *10II, § 3, if the injury to the petitioner’s husband was due to the serious and wilful misconduct of his employer, the compensation must be doubled. She contends that this was the case. The Industrial Accident Board has found against her contention, and this finding is final, if there was any evidence to support it. Herrick’s Case, 217 Mass. 111, and cases there cited.
The question is not whether it could have been found that the injury was due to the serious and wilful misconduct of the employer, but whether we can say that the finding made was…
2Cases cited13 opinions
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Daniels v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Louisville, New Albany & Chicago Railway Co. v. BryanIndiana Supreme Court · 1886
- Sharkey v. SkiltonSupreme Court of Connecticut · 1910
- Banks v. BramanMassachusetts Supreme Judicial Court · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by129 opinions
- Commonwealth v. WelanskyMassachusetts Supreme Judicial Court · 1944
- Larke v. John Hancock Mutual Life InsuranceSupreme Court of Connecticut · 1916
- Pawlosky v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1987
- Weber v. PinyanCalifornia Supreme Court · 1937
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
124 more not listed; retrieve them via the Exa API.