Coughlin v. Royal Indemnity Co.
Massachusetts Supreme Judicial Court
Contract, against the insurer of the plaintiff’s employer against liability under the workmen’s compensation act, upon the agreement described in the opinion. Writ dated December 5, 1918. In the Superior Court, the action was tried before Aiken, C.J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied.
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Contract, against the insurer of the plaintiff’s employer against liability under the workmen’s compensation act, upon the agreement described in the opinion. Writ dated December 5, 1918. In the Superior Court, the action was tried before Aiken, C.J. Material evidence is described in the opinion. At the close of the evidence, the defendant moved that a verdict be ordered in its favor. The motion was denied. The jury found for the plaintiff in the sum of $1,800; and the defendant alleged exceptions, which, after the resignation of Aiken, C. J., were allowed by Wait, J.
1Opinion of the CourtCarroll, J.
The plaintiff, an employee of the Boston Woven Hose and Rubber Company, was injured in the course of his employment, by the negligence of the Aberthaw Construction Company, while it was performing work on the premises of the plaintiff’s employer, who was insured under the workmen’s compensation act by the defendant. The plaintiff’s attorney interviewed the agent of the defendant in charge of its Boston office. There was evidence that it was agreed orally that if the plaintiff would not file a claim for compensation against the defendant under the workmen’s compensation act, but would bring an…
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