Legal Opinion

McCarthy's Case

Massachusetts Supreme Judicial Court

Decided May 27, 1918PublishedCited by 7 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 John McCarthy, for an injury received by him on August 2, 1917, when in the employ of the town of Danvers, at the rate of $11.25 a week from August 12, 1917, the eleventh day after his injury, to December 18, 1917, the date of the hearing, amounting to $205.71 and also a weekly compensation of…

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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 John McCarthy, for an injury received by him on August 2, 1917, when in the employ of the town of Danvers, at the rate of $11.25 a week from August 12, 1917, the eleventh day after his injury, to December 18, 1917, the date of the hearing, amounting to $205.71 and also a weekly compensation of $11.25 until the award should be revised after due hearing as provided by Part III, § 12 of the act, the claim being made…

1Opinion of the CourtCarroll, J.

John McCarthy, an employee of the town of Danvers, sustained a personal injury from sunstroke while working for the town in its gravel or sand pit. One witness testified that the pit was low, shielded from the north and west, and, while he thought no breeze was blowing on the day of McCarthy’s injury, the pit was so situated that a breeze would be shut off, and that the day was one of the hottest of the summer, “sand attracts the sun ... on a hot day a sandbank is about the hottest place that can be found. . . . The man working in a trench in the street would not feel the heat so much.” “A…

2Cases cited1 opinion

  1. McManaman's CaseMassachusetts Supreme Judicial Court · 1916

3Cited by7 opinions

  1. Southeastern Express Co. v. EdmondsonCourt of Appeals of Georgia · 1923
  2. Madore v. New Departure Manufacturing Co.Supreme Court of Connecticut · 1926
  3. City of Joliet v. Industrial CommissionIllinois Supreme Court · 1920
  4. Zucchi's CaseMassachusetts Supreme Judicial Court · 1941
  5. Dougherty's CaseMassachusetts Supreme Judicial Court · 1921

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