Legal Opinion

Howard's Case

Massachusetts Supreme Judicial Court

Decided June 17, 1914PublishedCited by 9 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.

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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. The case was heard by Jenney, J. The case had been presented to the Industrial Accident Board upon an agreed statement of facts substantially as follows: The employee, Arthur Howard, was injured on August 1,1912. He had been employed since July 22,1912, by the Edison Electric Eluminating Company of Brockton, and his employment was as a tree trimmer for the company. The foreman of this work for the Edison Company was one Kennedy. On the…

1Opinion of the CourtHammond, J.

Upon this statement of agreed facts the Industrial Accident Board might have found that Howard, the employee, received his injury while engaged in trimming a tree; that in this trimming he was acting under the order of Kennedy; that Kennedy in giving the order was acting under the order of Mattau, the superintendent of the electric company, and that Mattau was acting as such superintendent in giving the order “with the backing of the company,” or in other words that at the time Howard received his injury he was acting in obedience to the order of the electric company given to him through…

2Cited by9 opinions

  1. Cheevers's CaseMassachusetts Supreme Judicial Court · 1914
  2. Shannon's CaseMassachusetts Supreme Judicial Court · 1931
  3. Dyer v. James Black Masonry & Contracting Co.Michigan Supreme Court · 1916
  4. Olsen's CaseMassachusetts Supreme Judicial Court · 1925
  5. Anderson's CaseMassachusetts Supreme Judicial Court · 1931

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