Legal Opinion

Osterbrink's Case

Massachusetts Supreme Judicial Court

Decided February 27, 1918PublishedCited 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 compensation to the two surviving daughters of Henry Osterbrink, late of the part of Boston called Dorchester, as his dependent next of kin, he having been at the time of his death on July 7, 1916, in the employ of John P. Squire and Company, pork packers.

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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 the two surviving daughters of Henry Osterbrink, late of the part of Boston called Dorchester, as his dependent next of kin, he having been at the time of his death on July 7, 1916, in the employ of John P. Squire and Company, pork packers. The case was heard by Wait, J. The material part of the evidence is described in the opinion. The judge made a decree in accordance with the decision of the Industrial Accident…

1Opinion of the CourtPierce, J.

The deceased was seventy-two years of age, a faithful worker, a person of exemplary habits, and one who never took a drink of liquor of any kind. He was employed as doom, tender by the subscriber. It was his duty to stand outside the door to the cooling room and to open that door to the men when anyone wanted to pass in or out with a truck. His duties began at seven o’clock in the morning, and he was expected to tend the door until relieved.

The temperature in the vestibule where he stood was in July the same as out doors while that in the refrigerating room was at or near freezing. There was…

2Cases cited1 opinion

  1. Archibald v. Workmen's Compensation CommissionerWest Virginia Supreme Court · 1916

3Cited by10 opinions

  1. Goodyear Aircraft Corp. v. Industrial CommissionArizona Supreme Court · 1945
  2. DeStefano v. Alpha Lunch Co.Massachusetts Supreme Judicial Court · 1941
  3. Sylvia's CaseMassachusetts Supreme Judicial Court · 1937
  4. Gardner's CaseMassachusetts Supreme Judicial Court · 1924
  5. Bolden's CaseMassachusetts Supreme Judicial Court · 1920

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